When a relationship ends, it’s best for the parties to pick themselves up and move on. But what if there are unsettled and unfinished things left undone.
This also happens in work situations where an employee resigns or is terminated, and yet they don’t go thru the clearance process. Walang closure!
Just like this question with Angela N. who asks:
“With regard to the new policy released by DOLE about Final Pay (Labor Advisory 6, series of 2020), what if the employee did not complete his/her clearance due to AWOL and went back to get his final pay? Should we still release his final pay within 30 days after the effectivity date of his resignation even if he did not complete the 30 days? Isn’t it unfair for the employer if we still release the final pay? How much can we deduct the employee if he did not complete the 30 day turnover period??”
If you feel the same way as Angela N., stick around as we tackle this topic.
This episode is brought to you by "The Complete Employee Discipline System" a book that teaches owners, managers, and supervisors how to handle any offense easily and systematically. It provides step-by-step procedures, from incident reports all the way to the clearance process. Stand your ground and discipline with confidence. Go to info.legalguide.ph/discipline to learn more.
Can they get final pay without a clearance?
Welcome to Legal Guide Philippines, where we simplify the law to help you make better choices. I'm Atty. Ramon Ramirez and I am with my partner, Atty. Erwin Zagala.
So today we're talking about employees who don’t go thru the clearance process. What about their final pay? What about their clearance? Isn’t that unfair?
What will you learn by watching this episode?
- Should you pay for the turnover period if they went awol?
- Should I pay them without clearance?
- Tips to protect yourself in this situation.
Additional Resources on Clearance
For most of you, this video was more than enough, and if it makes your life easier, then you're welcome. But there are some of you who will watch this video and end up asking more questions, such as, Attorney, what do you put in the Certificate of Employment? Or Attorney, how do we process the exit of an employee to get to this point? Or, Attorney, what else are they entitled to aside from the Certificate of employment?
If that's you, then I invite you to check out the "Complete Employee Discipline System" book where we teach you a roadmap to handling employee discipline cases from start to finish. So you know what the next step is, regardless of where you are in the process. The essential parts of the legal documents involved so you can use it to draft or check the legal documents that you put out and tips for every step of the process so you can validate the things you're doing in your business right now are in line with what the law says. Get the book at info.legalguide.ph/discipline today.
Now, to add to that, if you want us to tackle your question in our show, as we did for Julianne, go to www.legalguide.ph and click the submit topic button. Next, we'd like to know what's your biggest takeaway from today's video, so please write it down in the comments and let's talk about it. Last, if you feel we've earned a good rating, please give us a like and subscribe because it gives us feedback that we're doing a good job, and it encourages us to do more videos.
One last thing
One last thing, we always encourage all employers to give employees their dues. If they are entitled to it, there’s no reason why it should be withheld. But some employees make it harder on themselves by trying to take a shortcut. No clearance, just final pay. It doesn’t work that way. If you want to get the final pay as soon as possible, just to the proper procedure and go thru clearance. That way, you comply with the law, you clear your accountabilities, and you leave the company with dignity and mutual respect.
So wasn’t that simple? Now go make better choices.