Under DOLE Labor Advisory No. 06-20, your employer must release your final pay within 30 days from the date of your separation — whether you resigned or were terminated — unless a company policy, contract, or CBA sets a shorter period. Final pay is the total of everything still owed you: unpaid salary, pro-rated 13th-month pay, the cash value of unused service incentive leave, and any other amount due. If it is not released, send a written demand, then file a Request for Assistance at the nearest DOLE Regional/Field Office; DOLE's Single Entry Approach (SEnA) gives you free 30-day conciliation-mediation before any formal case.
Read the full answer, sources & FAQ →DOLE Labor Advisory No. 06-20 sets the general rule at within 30 days from the date of your separation from employment, regardless of the cause — resignation, end of contract, or termination — unless a company policy, individual agreement, or CBA provides a shorter, more favorable period. The 30-day count runs from your last day, not from the day you finish clearance.
Read the full answer, sources & FAQ →Under Presidential Decree No. 851, every rank-and-file employee who has worked at least one month during the calendar year is entitled to 13th-month pay, regardless of position, designation, or how they are paid. It must be paid on or before December 24 each year, and it equals one-twelfth (1/12) of the basic salary you earned within that calendar year — so if you did not work the whole year, it is pro-rated for the months you did.
Read the full answer, sources & FAQ →PD 851 grants 13th-month pay to rank-and-file employees only; managerial employees are not covered by the law. A managerial employee is one whose primary duty is to manage the establishment (or a department), who can hire, fire, or effectively recommend such actions, and who customarily exercises discretion — a job title alone does not make you managerial. A manager may still receive a 13th month (or its equivalent) if the employer grants it by contract, company policy, or established practice, but PD 851 does not compel it.
Read the full answer, sources & FAQ →Generally no. Article 113 of the Labor Code prohibits an employer from making any deduction from an employee's wages except in narrow cases: (a) for insurance premiums where the worker consented, (b) for union dues where authorized in writing, and (c) where authorized by law or by regulations of the Secretary of Labor. Article 116 separately bars withholding any part of wages without the worker's consent. So deductions for cash shortages, breakages, uniforms, training bonds, or 'losses' are unlawful unless they fit a legal exception and, where required, you gave written consent.
Read the full answer, sources & FAQ →Unpaid wages, overtime, holiday pay, and similar unpaid amounts are 'money claims' you can recover. Under the Labor Code, wages must be paid in full and on time, and Article 116 prohibits withholding any part of them without your consent. Send a written demand, then file a Request for Assistance at the nearest DOLE Regional/Field Office under the Single Entry Approach (SEnA) — free, mandatory 30-day conciliation-mediation. Act promptly: money claims generally prescribe three years from the time each amount became due, under Article 306.
Read the full answer, sources & FAQ →Usually not. Article 294 of the Labor Code (renumbered) guarantees security of tenure: a regular employee may be dismissed only for a just or authorized cause AND with due process. For a just-cause dismissal, the employer must observe the twin-notice rule — a first written notice stating the specific acts or grounds and giving you a chance to explain, an opportunity to be heard, and a second written notice stating the decision. Firing you on the spot, without these notices, is a denial of due process; if there was also no valid cause, the dismissal is illegal and you may be entitled to reinstatement and back wages.
Read the full answer, sources & FAQ →A just cause is dismissal for something the employee did wrong — Article 297 of the Labor Code lists serious misconduct, willful disobedience, gross and habitual neglect of duty, fraud or willful breach of trust, commission of a crime against the employer or family, and analogous causes. An authorized cause is dismissal for a business or health reason not blamed on the employee — Article 298 covers installation of labor-saving devices, redundancy, retrenchment to prevent losses, and closure of the business; Article 299 covers disease. The key practical differences: authorized-cause terminations require a 30-day prior written notice to BOTH the employee and DOLE and generally carry separation pay, while just-cause dismissals require the twin-notice due process and generally carry no separation pay.
Read the full answer, sources & FAQ →Almost every labor dispute must first go through DOLE's Single Entry Approach (SEnA): you file a Request for Assistance (RFA) at the nearest DOLE Regional/Field Office (or NCMB / NLRC desk), and a SEnA Desk Officer runs a mandatory, free 30-day conciliation-mediation. If it settles, the agreement is binding; if not, you get a referral to the proper forum. Labor-standards issues and smaller money claims are handled at the DOLE Regional Office; illegal dismissal and larger money claims go to the NLRC Labor Arbiter. You do not need a lawyer to start.
Read the full answer, sources & FAQ →Under DOLE Labor Advisory No. 06-20, your employer must issue a Certificate of Employment (COE) within three (3) days from the time you request it. A COE simply states the dates of your engagement (and separation, if any) and the type of work you did — it is not a clearance or an endorsement, and it cannot be withheld because you have a pending clearance or an unpaid obligation. If it is not issued within 3 days, you can raise the matter with the nearest DOLE Regional/Provincial/Field Office.
Read the full answer, sources & FAQ →An employer may run a reasonable clearance process, but it cannot use clearance to withhold your final pay beyond the release period. DOLE Labor Advisory No. 06-20 sets the general rule that final pay is released within 30 days from separation, and Article 116 of the Labor Code prohibits withholding any part of your wages without your consent. Legitimate, documented amounts you actually owe (such as an unliquidated cash advance) may be offset against your final pay, but the balance still has to be released within the period.
Read the full answer, sources & FAQ →It depends on WHY you left. Separation pay is generally due when you are terminated for an authorized cause under the Labor Code — installation of labor-saving devices or redundancy (Article 298, equivalent to at least one month pay or one month's pay per year of service, whichever is higher), retrenchment to prevent losses or closure not due to serious losses (at least one month pay or one-half month's pay per year of service, whichever is higher), and disease (Article 299, at least one month pay or one-half month's pay per year of service, whichever is higher). If you resign voluntarily or are dismissed for a just cause (your own serious fault), you are generally NOT entitled to separation pay unless a contract, company policy, or CBA grants it. In these formulas, a fraction of at least six months is counted as one whole year.
Read the full answer, sources & FAQ →Under Article 306 of the Labor Code (formerly Article 291), all money claims arising from employer-employee relations must be filed within three (3) years from the time the cause of action accrued — that is, from when each amount became due and demandable — otherwise they are forever barred. This covers unpaid wages, overtime, holiday pay, service incentive leave, 13th-month pay, and illegal deductions. An illegal-dismissal complaint follows a different rule (a four-year period under the Civil Code for the injury to rights), so file promptly and separately assert any money claims.
Read the full answer, sources & FAQ →For a voluntary resignation without a specific cause, Article 300 of the Labor Code (formerly Article 285) requires you to serve a written notice on your employer at least one (1) month (30 days) in advance. The employer may agree to a shorter period or waive it. You may also resign immediately, without the 30-day notice, for a just cause — for example, serious insult by the employer, inhuman or unbearable treatment, commission of a crime against you or your family, or other analogous causes.
Read the full answer, sources & FAQ →There is no single nationwide minimum wage. Under RA 6727 (the Wage Rationalization Act), the minimum wage is set REGION BY REGION by each Regional Tripartite Wages and Productivity Board (RTWPB) through Wage Orders, and rates differ by region and often by sector (non-agriculture, agriculture, and sometimes small retail/service). Because these figures change whenever a new Wage Order takes effect, check the current Wage Order for YOUR region — published by the National Wages and Productivity Commission (NWPC) and your RTWPB — rather than relying on a fixed number. Paying below the applicable regional minimum wage is unlawful, and the shortfall is a recoverable wage differential.
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