termination of employment
2 Re: termination of employment on Sun Feb 03, 2013 8:48 pm
adielamiro wrote:i was terminated last sept and the case is ongoing in NLRc. I would like to ask if an employee has an option to not sign a termination letter. The HR threatened that whether i sign it or not, i am still terminated,
An employee has the option not to sign or receive the termination letter.
But the company is obligated to serve the letter to you at your last known address, and the status would still be the same.
3 Re: termination of employment on Sun Feb 03, 2013 9:10 pm
These types of termination arrangements are often referred to as separation agreements and should reviewed by an attorney or at the very least considered carefully before signing your consent. Consider an alternative if you refuse to sign your termination paperwork, your ex-employer will not be happy. Do you care? Maybe not, though it is always best to leave on good terms and there may be a win-win solution. When you sign the termination papers, you can include the following phrase under your signature "Signature acknowledges receipt only
By including this caveat, you leave little doubt about why you are signing the document. There is no admission of guilt or agreement on why the company is terminating your services. Ask the company to make a copy of your termination paperwork for your records. The company is not obligated to do this (unless you are being asked to do a separation agreement), so if they say no do not be surprised. Remember though, if you do not ask, you will never receive what you want. There are companies who terminate people in many ways by phone, fax or e-mail all without signatures required. Just remember Companies cannot withhold your final paycheck for not signing a termination notice. If they do, contact DOLE or NLRC. Employees who are in a union just like in Philippine Airlines or (PALEA) and San Miguel Corporation or are under an employment agreement will have a defined process in their contract and should refer to it for the correct procedure.
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
5 Re: termination of employment on Mon Feb 11, 2013 11:39 am
if it's due to retrenchment.. you are entitled to 1/2 month's salary for every year of service.
if it's due to redundancy.. you are entitled to 1 month's salary for every year of service.
Permissions in this forum:
You cannot reply to topics in this forum