Dear Attorney,
I would like to ask for your legal advice regarding my situation. I was employed at a company and have since resigned, but I was unable to file for clearance immediately after my resignation. Now that some time has passed, am I still able to file for clearance? I need the clearance to claim my separation pay and 13th month pay from my previous employer. Could you please help clarify if there is still an opportunity for me to pursue this?
Sincerely,
A Concerned Employee
Insights:
In the Philippines, employees are generally required to undergo the clearance process before they can receive final pay, separation pay, and other post-employment benefits such as the 13th month pay. This process is meant to ensure that the employee has no outstanding obligations to the employer before they leave.
While there is no explicit legal provision that sets a strict deadline for filing clearance after separation from employment, your employer may have its own company policies regarding timelines for clearance. It is crucial to first review your employment contract or company handbook, which should outline the procedural requirements for final clearance and how long former employees are given to complete it.
Employers are legally required to pay separation pay if an employee is terminated under certain conditions such as redundancy, retrenchment, or health-related reasons, as stated in the Labor Code of the Philippines. The 13th month pay, on the other hand, is a mandatory benefit for all rank-and-file employees who have worked at least one month during the calendar year, regardless of the timing of clearance.
However, even if you missed the company’s suggested timeline for filing clearance, you may still have legal remedies available to claim your benefits. It is advisable to directly communicate with your former employer’s HR department to inquire about the possibility of still processing your clearance. If they refuse, you can seek assistance from the Department of Labor and Employment (DOLE) to mediate the matter or file a formal complaint.
As a final note, ensure that you have documentation of your employment and communications with your employer in case further legal steps are needed.