Unlawful Termination During Maternity Leave Philippines

Addressing Unlawful Termination and Withheld Final Pay During Maternity Leave

Introduction: Being terminated during maternity leave and having your final pay withheld without notice is a serious matter. In the Philippines, employees have specific rights during maternity leave, and employers must adhere to these regulations.

Legal Rights Under Philippine Labor Laws:

1. Protection During Maternity Leave: The law provides protection to employees against termination due to maternity leave.
2. Right to Final Pay: Employees are entitled to receive their final pay upon termination, including unpaid wages and benefits.

Unlawful Termination During Maternity Leave:

• If the termination is solely due to your maternity leave or related health conditions, it may be considered unlawful.

Steps to Address the Issue:

1. Documentation: Gather all relevant documents, including communication regarding your maternity leave, the termination notice (if any), and any correspondence with HR or your supervisor.
2. Attempt Resolution with Employer: Try to resolve the issue amicably with your employer. Discuss the circumstances of your termination and request your final pay.
3. Seek Legal Assistance: If the issue remains unresolved, consult with a lawyer specializing in labor law. They can advise you on your rights and the best course of action.
4. File a Complaint: If necessary, you can file a complaint with the Department of Labor and Employment (DOLE) for unlawful termination and withholding of final pay.

Considerations:

• Employment Contract and Company Policy: Review your employment contract and the company's policies for any clauses relevant to maternity leave and termination.
• Health Considerations: Ensure that your health and well-being, as well as that of your child, are prioritized during this process.

Conclusion: Termination during maternity leave without proper cause and the withholding of final pay are serious issues that need to be addressed legally. It's important to take steps to protect your rights as an employee, including seeking legal advice and possibly filing a complaint with DOLE. Remember, your health and well-being are paramount, and any actions taken should consider your current health status post-maternity.