Can an Employee Receive Their Full Final Pay After Being Physically Abused and Terminated Due to Absences in the Philippines?

In the Philippines, employees are entitled to their final pay upon termination of employment, regardless of the reasons for termination. This final pay includes unpaid wages, accrued leave benefits, pro-rated 13th month pay, and any other entitlements stipulated by law or company policy. However, the circumstances surrounding the termination—such as the employee’s absences and possible physical abuse in the workplace—may complicate the situation.

Entitlement to Final Pay

The entitlement to final pay arises upon termination, whether the termination is due to resignation, retrenchment, redundancy, or even termination for just causes. The Labor Code of the Philippines provides that an employee must receive their final pay within a reasonable period after separation from the company. Failure to provide this could lead to a legal claim against the employer for non-payment of wages.

Grounds for Termination and Just Causes

Under the law, employers may terminate employees for just causes such as serious misconduct, habitual neglect of duties, or gross and habitual absence without leave. However, even in cases of termination for just causes, the employee is still entitled to receive their final pay. The employer cannot withhold this payment as a form of penalty for the employee’s behavior.

In situations where the employee’s absences are the reason for dismissal, the employer must have followed due process. This means the employer must have issued a notice of violation, allowed the employee to explain, and provided a written notice of termination.

Physical Abuse in the Workplace

Physical abuse in the workplace is illegal under Philippine labor laws and can lead to criminal charges. Employees have the right to a safe and secure working environment, free from violence or harassment. Any instance of physical abuse should be reported to the Department of Labor and Employment (DOLE) or relevant authorities for proper investigation and action. The physical abuse, regardless of the reasons behind it, should not affect the employee’s right to claim their full final pay.

If the employee was abused and subsequently terminated without due process or legal grounds, they could also have a case for illegal dismissal, which may entitle them to further compensation in addition to their final pay.

Remedies for the Employee

If an employer fails to provide the full final pay or if the employee was physically abused, the employee can file a complaint with the DOLE. The DOLE can help mediate disputes related to unpaid wages and workplace abuse, ensuring that the employee’s rights are upheld.

In summary, even if an employee has been absent for valid reasons and subsequently terminated, or experienced physical abuse, they remain entitled to their final pay under the law. Employers must comply with legal requirements in both paying final wages and maintaining a safe workplace environment.