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termination without any valid reason

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1 termination without any valid reason on Sun Jun 16, 2013 5:59 pm

dianna rose


Arresto Menor
hi good day i have some question regarding my employer, they retrench me without any valid reason and the fact im working for the said employer for almost 3 yrs, to be honest when im starting to work for  them, i dont have a contract signing but i can assure that i have some valid documents that i can present that im being part of the said company. my question is, that the company would easily retrench the employee without any reason??? regarding my separation pay what should be the calculation of my separation if im working there for almost 3 yrs and having above minimum state an example pls.....possible can i get also my 13 month????and if they will not require me for the said payment what should be the case i can file????pls give me some advice thank u and more powers

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2 Re: termination without any valid reason on Mon Jun 17, 2013 10:19 am

Patok


Reclusion Perpetua
retrenchment is company's prerogative to prevent losses for as long as you are paid properly.. it should be 1/2 month's salary for every year of service.. and yes, it should include your 13th month pay.. wait first and see how much is your last pay..

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3 termination without any valid reason on Mon Jun 17, 2013 9:46 pm

dianna rose


Arresto Menor
sir wt do u mean 1/2 month salary? meaning to say if my salary per month is 9k, 4,500 is the possible rate times 3 yrs of my service?and when is the probable time they can give me the said payment?im just curious and bothered about the situation...thanks and more powers

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4 Re: termination without any valid reason on Tue Jun 18, 2013 9:02 am

Patok


Reclusion Perpetua
yes 4,500 x 3 = 13,500.00 will be your retrenchment pay.

they should give this to you upon clearance, together with your pro rated 13th month pay and tax refund if any.

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5 Re: termination without any valid reason on Tue Jun 18, 2013 2:53 pm

attyLLL


moderator
dianna, if you wish to contest your termination, the remedy is to file a complaint at the nlrc. if the company cannot prove that there was proper basis for retrenchment, then you will be deemed to have been terminated illegally


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6 Re: termination without any valid reason on Thu Jun 20, 2013 8:59 am

sheriejoy


Arresto Menor
According to the Labor Code of the Philippines:

Under Book VI-Post Employment

Art. 283. Closure of establishment and reduction of personnel. The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

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