Am I entitled to receive my salary during the notice period after submitting my resignation?
In the Philippines, when an employee submits a resignation and agrees to render a notice period, they are still entitled to receive their regular salary for the days worked within that period. The resignation does not affect the employee's right to be compensated for the work performed during the notice period.
When an employee submits their resignation, the employer typically requires a notice period, often 30 days, to ensure a smooth transition and to find a replacement. During this notice period, the employee continues to perform their duties and is therefore entitled to receive their salary on the regular pay dates, just like any other employee.
For instance, if an employee resigns on January 24 and agrees to work until February 24, they should receive their salary for the period from January 24 to February 24. The salary due for January 30 and February 15 should be paid on the usual payday. This payment is not considered the final pay; instead, it is part of the regular salary for the work done during those dates.
The final pay, which is usually a lump sum, is separate and includes the remaining balance of salary up to the last day of work, unused leave credits, pro-rated 13th-month pay, and other benefits the employee is entitled to under the law or company policy. The final pay is typically processed and released after the last working day.
It is important for employees to know their rights regarding compensation during the notice period to avoid confusion or disputes. Employers are legally obligated to pay employees for all the work performed during the notice period, in accordance with the terms of employment.