Dear Atty. Duran-Schulze,
I am wondering if I am still entitled to receive my final pay even if I failed to render the 30-day notice period? I hope you can help me with this. Thank you!
Dear Writer,
The 30-day render notice may not be necessary under certain situations, pursuant to Article 300 (b) of the Labor Code of the Philippines for just causes:
- Serious insult by the employer or his representative on the honor and person of the employee;
- Inhuman and unbearable treatment accorded the employee by the employer or his representative;
- Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
- Other causes analogous to any of the foregoing.
However, if you have resigned without any of the aforementioned just causes, you are required to render the 30-day notice period.
If you fail to render the required 30-days, your employer may hold you liable for damages, in accordance with Article 300 (a) of the Labor Code. If there are liquidated damages indicated in your employment contract and an agreement that the damages may be deducted from the final pay, then your employer may opt to deduct this first before releasing the remainder of your final pay, if any. If there is no indication of the same in the employment contract, you may consider seeking DOLE’s assistance to mediate and secure your final pay.
Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law to know more. You may reach us at (+632) 8478 5826 or +63 917 194 0482, or email info@duranschulze.com for more information.
