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entitlement for separation pay
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TOPIC: entitlement for separation pay

entitlement for separation pay 5 months, 2 weeks ago #1119

Good day.

I am an employee who worked for 13 years in a private company. I resigned because my boss' mother is downgrading my dignity as a human being. When i submitted my resignation indicating that i want to resign because of her mother's bad attitude, my boss did not sign received my resignation letter. She asked me to revise it and just indicate that I am resigning because i cannot sustain the stress and pressure of my work. Since i really wanted to resign, i followed her instruction. She just gave me my pro-rated 13th month pay because i left last october 30. Am i entitled to receive a separation pay from her since worked with her company for 13 years? When i resigned she said that i will not receive anything because its a voluntary resignation. Is that legal? Please help me.

Thank you.

Re:entitlement for separation pay 5 months, 2 weeks ago #1120

  • lawlessman
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Legally, voluntary resignation will not entitle you to separation pay. Only when the employer-employee relationship was terminated illegally or through the authorized and just causes then you can be entitled to such.

It was made to show that you resigned voluntarily, that is why you were not given separation pay. However, if you can prove that you were constructively dismissed, you are entitled to separation pay. Go to the nearest DOLE office in your area, they will be glad to help.
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