Department of Labor and Employment(DOLE)

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Date: Oct. 31, 2023, 11:38 a.m.

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Date: 2023-10-31 13:06:50.000000

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Date: 2023-10-31 14:11:48.000000

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Labor Law

Published by Department of Labor and Employment(DOLE) on Oct. 31, 2023.
Requested from DOLE by V. San Pedro at 11:38 AM on Oct. 31, 2023.
Purpose: Enjoin what is right, forbid what is wrong.
Date of Coverage: 10/31/2023 - 10/31/2023
Tracking no: #DOLE-904799425012

D.DOMINGO Oct. 31, 2023, 11:38 a.m.

Good day po. Kami po ay Encoder sa isang call center company pang umaga po kami, nagkaroon po ng redundancy kaya naka floating status po kami ngayon mahigit isang buwan na. Inoofferan po kami ng company para maging agent(non voice) pero pang gabi po at Hindi po namin kayang magampanan ang trabahong iyon. Kung irefuse po namin yung offer ng company kami po ba ay makakakuha ng separation pay if mag voluntary resignation kami? Pwede po bang makuha yung source ng sagot nyo? Salamat po

J.BARBOZA Oct. 31, 2023, 1:06 p.m.

October 31, 2023 Dear DANBERT, Thank you for your request dated Oct 31, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Labor Law. We received your request on Oct 31, 2023 and will respond on or before Nov 21, 2023 11:38:17 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://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtOTA0Nzk5NDI1MDEyDA, for request with ticket number #DOLE-904799425012. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Oct. 31, 2023, 2:11 p.m.

October 31, 2023 Dear DANBERT DOMINGO, Thank you for your request dated Oct 31, 2023 11:38:17 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for Labor Law. on resigned employee An employee who voluntarily resigns is generally not entitled to separation pay unless the employment contract or company policy states otherwise. Since resignation is a voluntary act by employees themselves, employers are not bound to give this pay. There is NO provision in the Labor Code granting separation pay to voluntarily resigning employees. What the LCP provides are entitlement to separation pay because of authorized and just causes (Article 297 to 299 Labor Code of the Philippines). You may check the jurisprudence on this on the internet. Our responses were made based only on the facts that were presented. This opinion shall not be used in any administrative or court proceedings as this may change based on any undisclosed information vital to the issues presented. Help us to continuously improve our FOI Program Implementation by completing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm Thank you. Respectfully, Mark Valeros FOI Receiving Officer

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