Dear Ms. MA. JHOANE BERTULFO,
Thank you for your request dated Nov. 29, 2024, made under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch regarding your concern to power tripping of your company.
Below are our responses to your concerns based on labor laws and regulations:
Termination must comply with procedural due process. It includes twin written notices. First being afforded the opportunity to be apprised of the charge and the chance to explain one’s side. Second, second written notice after the investigation either to terminate or suspend.
Employers are not allowed to withhold the 13th month pay based on rumors. They can investigate the rumors to establish the allegations but has no right to withhold the 13th month pay.
Employers must consider the valid reasons proffered by the employee for his absences and cannot arbitrarily impose penalties without basis nor withhold salary or deduct anything from it.
Under the Civil Code, the next of kin of the deceased employee normally his/her spouse or children can claim it after presenting his/her death certificate.
Due process dictates or commands the employer to afford the employee accused of spreading false rumor, the opportunity to contest the untruthfulness of the imputation; if to be believed, the employer must present supporting documents to prove their accusation.
Employees should not be forced to log out as it is tantamount to constructive dismissal or the imputation of a wrongdoing against an employee which is not clearly established which constitutes unfair labor practice.
We hope this clarifies your concerns.
Thank you.
Respectfully,
FOI Officer
Department of Labor and Employment
