Must regular allowances be included in separation pay?
Regular allowances must be actively integrated into the basic salary base for separation pay calculation under the Labor Code.
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What is separation pay?
Separation pay financially compensates employees terminated due to authorized causes strictly under Articles 298 and 299 of the Labor Code.
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What are the notice requirements for authorized termination?
Employers must formally issue a one-month written termination notice to the employee and DOLE under the Labor Code.
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Who is covered by separation pay?
Employees facing authorized termination under Articles 298 and 299 of the Labor Code are legally covered to receive separation pay.
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What is the separation pay for retrenchment?
Retrenchment to prevent losses requires a separation pay rate of one-half month per year of service under the Labor Code.
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How can employers submit the termination notice?
Employers can efficiently submit termination notices physically using RKS Form 5 or via the DOLE Establishment Report Systems.
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What is the separation pay for establishment closure?
Establishment closure not due to losses mandates one-half month pay per year of service under the Labor Code.
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What is the definition of basic pay for purposes of computing the 13th month pay?
The Supreme Court ruled that commissions are excluded from basic salary for thirteenth-month computations under Presidential Decree No. 851.
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Are employees with multiple employers entitled to thirteenth-month pay from all of them?
Presidential Decree No. 851 entitles employees working for multiple private firms to thirteenth-month pay from all their respective employers.
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Is a resigned or separated employee still entitled to thirteenth-month pay?
Under Presidential Decree No. 851, separated or resigned employees remain legally entitled to their proportionate thirteenth-month pay.
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