Demand separation pay from employer or file labor case before NLRC
"Two years ago, I suffered a stroke. Half of my body was paralyzed. I was given 6 months by my employer to recover but because of my unstable financial status I was not able to buy the medicines I needed to get well. Because of this, I was terminated from work. I have been with my employer for 15 years but I was not given any benefit by my employer. I just want to know if I am entitled to a separation pay. Was I illegally dismissed from work?Julio
Dear Julio,It is evident that the reason why you were terminated from work was because of your physical condition. You suffered a stroke and never recovered from it. Since you are no longer fit to work, your employer deemed it best to terminate your services. This is allowed under the law. Article 284 of the Labor Code of the Philippines provides:
Art. 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.Based on the foregoing, your employer is not liable for terminating your employment. It is a given fact that you are still afflicted with a medical condition and your continued employment with your employer will only aggravate your situation. However, although your employer may terminate your employment, he/she is mandated by law to provide you with a separation pay, which is equivalent to at least one month salary or to one-half month salary for every year of service, whichever is higher.
Since your employer failed to provide you with a separation pay, you may demand the same from him/her. If, despite the demand, your employer still refuses to give it, you may file a labor case before the National Labor Relations Commission against your employer for the same.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to guide you with our opinion on the matter."
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"Demand separation pay from employer or file labor case before NLRC"
was written by Mary
under the Legal Advice
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comments. The article was created on 15 September 2021
and updated on 15 September 2021