🔒 Closed Backpay for terminated employees help sa mga law student/lawyers na kaph

mga kaPH tanong lang. paano kapag magiimmediate resignation ka due to a family conflict pero hindi ka pinayagan at termination ang verdict ng company mo. will you still be entitled for a backpay?

 

[zaitsev]

Article 285 of the Labor Code, recognizes the right of an employee to terminate the contract of employment without the need of serving such written notice to his employer. While the employee has the right to resign, labor law requires that a 30-day written notice or a resignation letter be served to the employer at least one month in advance. If the employee fails to comply with the 30-day notice rule, he may be held liable for damages suffered by the employer.
However, the employee does not need to comply with the 30-day notice rule in the following situations:

“(1) Serious insult by the employer or his representative on the honor and person of the employee; (2) Inhuman and unbearable treatment accorded the employee by the employer or his representative; (3) Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and (4) Other causes analogous to any of the foregoing.”

 

[zaitsev]

“An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.
The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.”

 

[zaitsev]

it seems that kailangan mo pa talagang magrender ng 30days service kasi yung reason for resignation mo ay wala sa nabanggit. . you can still receive your 13th month pay kaya lang you may be liable for damages pag di ka nagcomply dun sa 30days