Department of Labor and Employment(DOLE)

Browse over 8167 from this government agency

Go Back

REQUEST
SUBMITTED

You have submitted an FOI request

Date: Oct. 8, 2021, 11:11 a.m.

PROCESSING
REQUEST

Your request is already in review

Date: 2021-10-08 15:04:27.000000

REQUEST
SUCCESSFUL

Your request was successful

Date: 2021-10-08 15:36:34.000000

4

RATE YOUR
REQUEST

How was your request?

Forfeiture of Benefits and Receivables

Published by Department of Labor and Employment(DOLE) on Oct. 8, 2021.
Requested from DOLE by J. Cruz at 11:11 AM on Oct. 8, 2021.
Purpose: To confirm if the employer has the rights to hold the employee's receivables and benefits
Date of Coverage: 04/14/2021 - 10/07/2021
Tracking no: #DOLE-906811768927

A.LAMUG Oct. 8, 2021, 11:11 a.m.

Hi, I would like to confirm if the employer has the rights to hold the employee's receivables and benefits? I'm currently employed to them for almost 6months, already resigned last Aug 26 and still rendering my resignation up until now Oct 7, 2021. Based on their contract, if the employee did not turn over to a new employee for 30 days, the benefits, receivables and COE will be forfeited. What actually happened, I resigned last Aug 26, 2021 and the new employee just started last Sept 27, 2021. So my turn-over will be just 2 weeks as I'm already hired to a new company.

J.BARBOZA Oct. 8, 2021, 3:04 p.m.

October 8, 2021 Dear Alexander Daryl, Thank you for your request dated Oct 08, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Forfeiture of Benefits and Receivables. We received your request on Oct 08, 2021 and will respond on or before Oct 29, 2021 11:11:41 AM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster01232017150000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtOTA2ODExNzY4OTI3DA, for request with ticket number #DOLE-906811768927. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Oct. 8, 2021, 3:36 p.m.

October 8, 2021 Dear Alexander Daryl Lamug, Thank you for your request dated Oct 08, 2021 11:11:41 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Forfeiture of Benefits and Receivables. Anent your request, may we refer you to DOLE LA No. 06 s. 2020 which provides for a 30 day period for the release of Final Pay. From our standpoint, the reckoning period of your resignation should be the date when you filed your resignation and not when you made your turnover to the new employee. Any issue or claim dispute arising out or relating to the payment of final pay or issuance of certificate of employment shall be filed before the nearest DOLE Field Office which has jurisdiction over the workplace for conciliation and subject to DOLE existing enforcement mechanism. Thank you. Respectfully, Mark Valeros FOI Receiving Officer

Attachments:

Labor-Advisory-No.-06-20-Guidelines-on-the-Payment-of-Final-Pay-and-Issuance-of-Certificate-of-Emplo(7).pdf - Mark Valeros - [email protected]

Is this request offensive?

Requests for personal information and vexatious requests are not considered valid requests for Official Information.

If you believe this request is not suitable, you can report it for attention by the site administrators.