Q: What Benefits are Entitled to an Employee Who Resigns from Two Positions in a Company in the Philippines?
Client: Ang asawa ko po, 48 yrs old na at 16 yrs na po sa private na trabaho siya ay staller, safety officer ng companya nya. Kung siya po ay mag-resign, siya po ba ay may makukuhang kabayaran, kasi nga po ang dahilan nya ay naglalagay o nagpapatupad ng batas nila na, puro pabor sa companya, mababa lang po ang sweldo nya sa 2 nya posisyon?
A: Understanding Employee Resignation Benefits in the Philippines
1. Resignation and Its Grounds: Resignation is a voluntary act of an employee to sever the employment relationship. In the given context, the client's husband holds two positions, and the concerns relate to company policies favoring the company and low wages.
2. Benefits Upon Resignation: In the Philippines, employees who voluntarily resign are typically entitled to certain benefits, including:
Pro-rated 13th Month Pay: As long as an employee has worked for at least one month within the calendar year, they are entitled to receive this pay.
Payment for Unused Leave Credits: If the company policy allows for the conversion of unused leave credits to cash, the employee should receive this payment upon resignation.
Separation Pay (if applicable): Separation pay may be granted based on company policy or individual employment contracts. However, this is not typically mandated by law for voluntary resignations.
3. Concerns Related to Low Wages and Company Policies: If the client's husband believes that the company policies are unfair or that his wages are not in accordance with the legal minimum requirements, he may seek legal advice or consult the Department of Labor and Employment (DOLE). An investigation may be conducted to determine if the company is in violation of labor laws.
4. Conclusion: Yes, an employee in the Philippines who voluntarily resigns is entitled to certain benefits, including pro-rated 13th-month pay and payment for unused leave credits. Concerns about low wages and company policies that favor the employer should be addressed through legal channels or consultations with labor authorities. It would be advisable to consult with a labor lawyer or DOLE to ensure that all entitled benefits are received and to address any specific concerns related to the employment conditions.