Department of Labor and Employment(DOLE)

August 10, 2020 Dear Ma Christina Miraballes, Thank you for your request dated Aug 08, 2020 06:28:33 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. The Labor Code provides for the payment of separation pay to employees whose employment was terminated owing to authorized causes. May we refer you to Article 298 of the Labor Code of the Philippines as renumbered. It states: "In case of termination due to installation of labor-saving device, or redundancy, the worker affected 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 loses 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) mont pay or at least one half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six months shall be considered one (1) whole year. " Further, as mentioned previously, In no case will an employee get less than one (1) month separation pay if the separation is due to the above stated causes. To help you effect this provision, you may seek the assistance of the DOLE Regional Office or Field Office having jurisdiction at your workplace. Thank you. Respectfully, Mark Valeros FOI Receiving Officer