You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
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Philippines Employment Benefits & Executive Compensation Legal Questions answered by Lawyers
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- The company I previously worked with said that I should submit my notarized quitclaim document before they give me my final paycheck. I witnessed that they did this to the previous employees too. Is that right?
- Hello:What you are experiencing is a very common concern among employees in the Philippines. Under the Labor Code, your employer has the obligation to release your final pay which normally includes unpaid wages, pro-rated 13th month pay, and any unused leave conversions if applicable. The Department of Labor and Employment (DOLE) has issued Labor Advisory No. 6, Series of 2020, which requires employers to release final pay within thirty days from separation, regardless of the reason for separation.A quitclaim, on the other hand, is a waiver that the employer usually asks employees to sign stating that they have received their final pay and have no further claims against the company. While quitclaims are not illegal, they must be voluntarily signed and cannot be used to deprive you of what is legally due. The Supreme Court has ruled many times that a quitclaim will not bar an employee from pursuing claims if it was signed under undue pressure or without full and correct payment.In your situation, a.) you have the right to review your payslip or computation first to ensure correctness before signing any quitclaim, b.) the employer should release your final pay within the thirty-day period even if you have not yet signed, because that is a statutory right, and c.) if the company insists on withholding your final pay until you sign, you may file a complaint at the nearest DOLE office for illegal withholding of wages.We at Recososa Law Firm handle labor and employment cases like this. We have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via google meet or zoom call, or you may also visit us in our office. You may send us an email at recososalawfirm@gmail.com and please indicate that you are a client from LawZana, or call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our pages. This will truly inspire us to help more people:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
Employment & Labor
Employment Benefits & Executive Compensation
About Employment Benefits & Executive Compensation Law in Dasmarinas, Philippines
Employment Benefits & Executive Compensation Law in Dasmarinas, Philippines encompasses the legal frameworks and policies governing employee benefits and the compensation packages offered to executives. This includes aspects such as retirement plans, health and disability benefits, severance agreements, stock options, and bonuses. The legal landscape in Dasmarinas is influenced by both national legislation, such as the Labor Code of the Philippines, and local ordinances that may provide additional regulations or incentives for businesses and workers.
Why You May Need a Lawyer
There are several situations in which you might require legal assistance regarding employment benefits and executive compensation:
- Disputes over compensation packages or benefit entitlements.
- Understanding the implications of company policies on your benefits.
- Negotiating executive compensation agreements or severance packages.
- Seeking clarity and resolution on discrepancies in pay or benefits.
- Ensuring compliance with local and national employment laws.
- Resolving conflicts related to retirement or pension plans.
- Legal representation in case of litigation involving employment benefits.
Local Laws Overview
In Dasmarinas, employment benefits and executive compensation are primarily governed by the Labor Code of the Philippines and other relevant national laws. Key aspects include:
- Minimum Wage and Overtime: Employees are entitled to a minimum wage as stipulated by the law, with provisions for overtime and holiday pay.
- Health Benefits: Employers are required to provide sufficient health benefits, often through mechanisms like the Philippine Health Insurance Corporation (PhilHealth).
- Retirement Benefits: Mandatory contribution to the Social Security System (SSS) and the option for additional pension plans.
- Severance Pay: Regulations regarding the accrual and payment of severance in the case of termination without just cause.
- Executive Compensation Packages: These need to be structured in compliance with taxation and labor laws to avoid legal pitfalls.
Frequently Asked Questions
What are the legal requirements for employer-provided benefits in Dasmarinas?
Employers are mandated to provide benefits such as a minimum wage, SSS contributions, PhilHealth, and PAG-IBIG Fund contributions. Additionally, paid leaves and holiday pays are part of the required benefits.
Can I negotiate my executive compensation package?
Yes, executives typically have the flexibility to negotiate their compensation packages, which may include salary, bonuses, stock options, and other incentives, in line with organizational policies and legal constraints.
Am I entitled to severance pay?
Under certain circumstances such as termination without just cause, employees are entitled to severance pay, often calculated based on length of service and final pay rate.
How is overtime pay calculated?
Overtime is generally calculated at 125% of the regular hourly rate for work done beyond the standard 8 hours in a day, or as per agreement between the employer and the employee.
What steps can I take if I face discrimination regarding my benefits?
Employees can file a complaint with the Department of Labor and Employment (DOLE) or pursue legal action with the assistance of a lawyer specializing in labor law.
How are retirement benefits structured in Dasmarinas?
Retirement benefits generally include the mandatory SSS retirement benefits, with the option for additional employer-provided retirement plans.
What should an executive look for in a compensation agreement?
Executives should ensure clarity on salary, bonuses, benefits, stock options, non-compete clauses, and severance terms. Additionally, they should consult a lawyer to navigate complex terms and compliance.
What is my recourse if my employer fails to provide legally required benefits?
Employees can report the violation to DOLE, which can enforce compliance through various legal mechanisms.
Apart from monetary compensation, what other benefits might be included in an executive package?
Benefits may include health insurance, retirement contributions, housing allowances, company vehicles, and relocation assistance, subject to negotiation.
How can I ensure my compensation is compliant with local tax laws?
Consulting an employment and tax lawyer is advisable to navigate complex tax regulations and ensure compliance for both parties involved.
Additional Resources
For further assistance and information, consider contacting the following resources:
- Department of Labor and Employment (DOLE): The regulatory authority for employment-related concerns.
- Social Security System (SSS): For queries related to retirement and social security benefits.
- PhilHealth: For health insurance-related inquiries and assistance.
- PAG-IBIG Fund: For employer and employee contributions towards housing loans and mutual funds.
- Local Law Firms: Employ the services of law firms experienced in labor and employment law.
Next Steps
If you require legal assistance in matters concerning employment benefits and executive compensation, consider undertaking the following steps:
- Schedule a consultation with a lawyer who specializes in employment benefits and executive compensation.
- Gather all relevant documents, such as employment contracts, company policies, and correspondence with your employer, to support your case.
- Prepare a list of questions and concerns to discuss during your legal consultation.
- Consider enrolling in seminars or workshops offered by local governmental and non-governmental bodies for added education.
- Follow your lawyer's advice and stay proactive about understanding your rights and responsibilities under the relevant laws.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.