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Is there's a Separation Pay for Voluntary Resignation?

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Arresto Menor
Hi All,

Im seeking for advice, my wife is a private school teacher (kinder) for 9 years with below minimum wage of salary here in Dasmariñas, Cavite and we are planning to resign voluntary because her employer did not remit their SSS contribution for 3 years and now they did not deducting an SSS contribution, will my wife get a seperation pay from employer?

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Reclusion Perpetua
There's non..depending on company policy if they give it or not..But for SS concerns you can write letter of inquiry to nearest SSS and file non compliance to SSS policy, be sure to keep records of payslip to show that SSS contributions has been deducted but no remittance to the SSS.

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Arresto Menor
When an employee resigns, he severs the employee-employer relationship. Thus, such employee cannot claim separation pay because of his/her voluntary resignation.

However, if there is a contract between the employer and the employee providing for a separation pay once the latter resigns or the same is reflected in a Collective Bargaining Agreement, a separation pay may be recovered. The same may also be recovered if it is the practice of the employer for a long period of time to provide a separation pay to resigned employees. Other than these instances, a resigned employee may not receive a separation pay.

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