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Clarifications on Tracking Number: #DOLE-160740236972

Requested from DOLE by Ma Christina Miraballes at 06:28 AM on Aug 08, 2020.
Purpose: For reference and guide
Date of Coverage: 03/09/2020 - 08/08/2020
Tracking no: #DOLE-949102896180

Ma Christina 06:28 AM, Aug 08, 2020

Hi clarification on Tracking Number  #DOLE-160740236972, my termination is due to REDUNDANCY which is under Section B, will I still get a separation pay if I've only worked for 4 months in the company? Thanks

Jann 08:15 PM, Aug 10, 2020

August 10, 2020

Dear Ma Christina,

Thank you for your request dated Aug 08, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Clarifications on Tracking Number:  #DOLE-160740236972.

We received your request on Aug 08, 2020 and will respond on or before Aug 29, 2020 06:28:33 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtOTQ5MTAyODk2MTgwDA, for request with ticket number #DOLE-949102896180.

Thank you.

Respectfully,

Jann Barboza
FOI Officer

Mark 10:01 PM, Aug 10, 2020

August 10, 2020

Dear Ma Christina Miraballes,

Thank you for your request dated Aug 08, 2020 06:28:33 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

The Labor Code provides for the payment of separation pay to employees whose employment was terminated owing to authorized causes.
May we refer you to Article 298 of the Labor Code of the Philippines as renumbered. It states:

"In case of termination due to installation of labor-saving device, or redundancy, the worker affected shall be entitled to a separation pay equivalent to at least his one  (1)  month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent loses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) mont pay or at least one half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six months shall be considered one (1) whole year. "

Further, as mentioned previously, In no case will an employee get less than one (1) month separation pay if the separation is due to the above stated causes.

To help you effect this provision, you may seek the assistance of the DOLE Regional Office or Field Office having jurisdiction at your workplace.
	
Thank you.

Respectfully,

Mark Valeros
FOI Receiving Officer

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