Department of Labor and Employment(DOLE)

August 3, 2020 Dear Ma Christina Miraballes, Greetings! Thank you for your request dated Jul 28, 2020 11:47:30 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for Clarification on the Tenure for Separation Pay. May I refer you to page 42 of Handbook Workers'Statutory Monetary Benefits 2020 edition which states: A. One-Half (1/2) Month Pay per Year of Service An employee is entitled to receive a separation pay equivalent to one - half (1/2) month pay for every year of service, a fraction of at least six (6) months being considered as one (1) whole year, if his/her separation from the service is due to any of the following authorized causes: 1. Retrenchment to prevent losses (i.e., reduction of personnel effected by management to prevent losses); 2. Closure or cessation of operation of an establishment not due to serious losses or financial reverses; and 3. When the employee is suffering from a disease not curable within a period of six (6) months and his/her continued employment is prejudicial to his/her health or to the health of his/her co -employees. 4. Lack of service assignment of security guard for a continuous period of six (6) months. In no case will an employee get less than one (1) month separation pay if the separation is due to the above stated causes. This is to confirm your query on the equivalency of 6 months shall equal to 1 year. However, with regard to your entitlement for a separation pay, allow us to reiterate the last part of the paragraph we sent you. " In no case will an employee get less than one (1) month separation pay if the separation is due to the above stated causes." Thus, you are entitled to at least one month equivalent of your salary as the paragraph made NO distinction on the number of months must a worker render, before he/she qualifies for the one month pay equivalent of separation pay. Thank you. Respectfully, Mark Valeros FOI Receiving Officer