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does art. 283 cover all companies inc. BPOs?

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1 does art. 283 cover all companies inc. BPOs? on Tue Mar 01, 2011 5:15 am

micro.managed


Arresto Menor
Hi,

As per my company's HR I would only recv 1mo pay as my separation pay

I have been separated due to redundancy in my post, so now they are letting me go... I have been with the company for 2yrs and 5mos. 6mos if you include the 1 month notice

and they said the separation pay does not include people like us in the BPO plus there is no law that gives that kind of benefit but after searching google I found Art. 283 of the labor code, now I'm confused... HELP?!

also in art. 283 when it says "salary" does it include allowances and 13th month in the computation?

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council


Reclusion Perpetua

The Implementing Rules of the LC says:

SECTION 9. Termination pay. — (a) An employee shall be entitled to termination pay equivalent to at least one month's salary for every year of service a fraction of at least six (6) months being considered as one whole year, in case of termination of his employment due to the installation of labor-saving devices or redundancy.

I don't recall any exception to Article 283 - I believe this is applicable to all industries.

Salary refers to your monthly basio. So if for example you are earning 15k per month, you are entitled to receive 45k, plus pro-rated 13th month, unpaid salaries, tax adjustments, (and leave conversions if applicable).

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micro.managed


Arresto Menor
thank you for the reply, so what would bemy next step if they do not honor this and just provide me with a lame excuse like BPOs are not covered in this code?

also if the allowance is not included in the category "salary" why is it that my company reflects it on my ITR as salary?

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council


Reclusion Perpetua
Ask them to show the document from the government that says your industry is not covered by that part of the labor code.

Allowances? Maybe these are taxable allowances which could form part of salary.

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