The new Labor Advisory No. 6 Series of 2020, was released last January 31, 2020 by The Department of Labor and Employment. It tackles the guidelines on the payment of Final Pay and Issuance of Certificate of Employment of an employee.
Who can request for a Certificate of Employment?
A previous or current employee may request for a “Certificate of Employment” from the employer specifying his or her job title, type of work, and start and last date of their employment.
When should a CoE be issued by the employer?
According to the new advisory, the employer should issue a Certificate of Employment within three (3) days from the time of the request by the employee.
Who can receive a Final Pay?
All employees, regardless of the cause of the termination of employment, has the right to receive a Final Pay.
What covers the Final Pay?
- Unpaid earned salary of the employee;
- Cash conversion of unused Service Incentive Leave (SIL) pursuant to Article 95 of the Labor Code;
- Cash conversions of remaining unused vacation, sick or other leaves pursuant to a company policy, or individual or collective agreement, if applicable;
- Pro-rated 13th month pay pursuant to Presidential Decree No. 851 (PD 851);
- Separation pay pursuant to Articles 298-299 of the Labor Code, as renumbered, company policy, or individual or collective agreement, if applicable;
- Retirement pay pursuant to Article 302 of the Labor Code, as renumbered, if applicable;
- Income tax claim for the excess of taxes withheld, if applicable;
- Other types of compensation stipulated in an individual or collective agreement, if any; and
- Cash Bond/s or any kind of deposits due for return to the employee, if any.
When should the Final Pay be released by the employer?
The Final Pay shall be released within thirty (30) days from the date of termination of employment, unless there is another favorable company policy, individual, or collective agreement.
What should I do if the guidelines are not met by the employer?
Any Issue or claim dispute arising out or relating to the payment of final pay, or Issuance of certificate of employment, shall be filed before the nearest DOLE Office which has jurisdiction over the workplace, for conciliation and subject to DOLE’S existing enforcement mechanism.
Raymund has over 20 years of experience in retirement consulting, entrepreneurship and marketing. He manages both the actuarial and the benefits administration services for Zalamea.
Raymund has also been successful in launching an online employee portal that provides seamless processing of payroll, timekeeping, retirement savings and loans.