Handling Work During the Notice Period Before Retrenchment in the Philippines

Question of The Day: If retrenchment is scheduled to happen in a month, do employees still need to work at the office during this notice period, especially if there's no more work to be done?

Introduction: In the Philippines, the process of retrenchment or redundancy involves specific legal and procedural considerations, including the treatment of the notice period before the actual date of retrenchment.

Legal and Practical Aspects of the Notice Period:

1. Notice Requirement: Under Philippine labor laws, employers are required to give at least a 30-day notice to the employees and the Department of Labor and Employment (DOLE) prior to the effective date of retrenchment.

2. Working During the Notice Period:

   • Employees are generally expected to continue working during the notice period unless otherwise specified by the employer.
   • If there's no more work to be done, the employer may still require employees to report to work, provide alternative tasks, or place them on a "garden leave" where they are paid but not required to work.

3. Payment During the Notice Period: Employees are entitled to their regular wages and benefits during the 30-day notice period, regardless of the amount of work assigned.

4. Separation Pay: In addition to the notice period, retrenched employees are entitled to separation pay as prescribed by law.

5. Employer’s Discretion: The employer has the discretion to manage the work arrangements during the notice period, including allowing employees not to report to work while still receiving their regular wages.

Employee Options:

• Communicate with the Employer: Discuss with your employer or HR department about work expectations during the notice period.
• Legal Consultation: If there are uncertainties or disputes regarding the retrenchment process, seek legal advice for clarification of your rights.

Preventive Measures:

• Employers should clearly communicate the terms and expectations during the notice period to avoid confusion and ensure compliance with labor laws.

Conclusion: During the notice period before retrenchment, employees in the Philippines are generally expected to continue working unless the employer specifies otherwise. They are entitled to their regular wages and benefits during this period. Employers may manage this period differently based on operational needs, and it's advisable for employees to clarify expectations and arrangements with their employer. Legal consultation can provide guidance if there are any disputes or uncertainties.