Published by Department of Labor and Employment(DOLE) on Oct. 18, 2023.
Requested from DOLE by G. Arabejo at 09:30 AM on
Oct. 18, 2023.
Purpose: For clarification on Exit Process (authorizing a 3rd party)
Date of Coverage: 09/01/2023 - 10/18/2023
Tracking no: #DOLE-128661752869
G.ARABEJO
Oct. 18, 2023, 9:30 a.m.
Good day
I would like to ask about the process of exit for separated employee. Do the separated employee who transfer to another province, can authorized an immediate family member via SPA, to receive her last pay and to sign on the Quit Claims?
The case is, one of our separated employee are in another province and cannot report to our office for exit interview and to receive her last pay and sign at Quit Claims. So she submit an SPA authorized her brother to receive and sign to all documents in her behalf?
Is this allowed as per DOLE or Labor Guidelines?
Thank You
J.BARBOZA
Oct. 19, 2023, 2:52 p.m.
October 19, 2023
Dear GERARDO,
Thank you for your request dated Oct 18, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Policies on Exit for separated Employee.
We received your request on Oct 18, 2023 and will respond on or before Nov 08, 2023 09:30:02 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/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtMTI4NjYxNzUyODY5DA, for request with ticket number #DOLE-128661752869.
Thank you.
Respectfully,
Jann Barboza
FOI Officer
M.VALEROS
Oct. 19, 2023, 3:13 p.m.
October 19, 2023
Dear GERARDO ARABEJO,
Thank you for your request dated Oct 18, 2023, 09:30:02 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
May we refer you to ART. 105. Direct payment of wages. - Wages shall be paid directly to the workers to whom they are due, except:
(a) In cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor and Employment in appropriate regulations, in which case, the worker may be paid through another person under written authority given by the worker for the purpose;
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
G.ARABEJO
Oct. 19, 2023, 3:54 p.m.
Good day
Yung case po na hindi makakareport sa aming Office ang separated employee dahil nagtrain as Coast Guard in Cagayan de Oro, while our Office are Located in Camalig, Albay, can fall dun sa exemption under Article 105- Force Majeure?
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