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Philippines Employment & Labor Legal Questions answered by Lawyers

Browse our 10 legal questions about Employment & Labor in Philippines and the lawyer answers, or ask your own questions for free.

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?
Employment & Labor
Employment Benefits & Executive Compensation
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
what should i do if i commit disobedience or did not follow protocol in my job?
Employment & Labor
I can help you, contact me via WhatsApp: +38970704335Best Regards,
Agreement Contact
Employment & Labor
Contract
Contact me via mail paulohimatt@gmail.com or call/Whatsapp +2348089901606

About Employment & Labor Law in City of Muntinglupa, Philippines

The employment and labor laws in the City of Muntinglupa, like the rest of the Philippines, are primarily governed by the Labor Code of the Philippines. This law covers a broad range of issues, from hiring practices, wages, work hours, and conditions, to health and safety, and labor relations, among others. In addition, there are various laws passed by both the national and local government to address specific labor issues.

Why You May Need a Lawyer

If you are dealing with unfair treatment at your workplace, being denied the wages and benefits due to you, discriminated against or wrongfully terminated, or having other labor-related issues, then it is advisable to seek legal help. An employment and labor lawyer can help you understand your rights, guide you on legal procedures, represent you in labor dispute cases, and negotiate settlement agreements on your behalf.

Local Laws Overview

Although the Labor Code of the Philippines is the main regulatory framework for employment and labor across the country, local ordinances in Muntinglupa City also impact labor relations, specifically on local wage rates, public holidays, and occupational safety and health requirements. Notably, Muntinglupa City follows the wage order as set by the Regional Tripartite Wages and Productivity Board of the National Capital Region.

Frequently Asked Questions

What are the basic labor rights in the Philippines?

The basic labor rights in the Philippines include the right to just compensation, the right to security of tenure, the right to self-organization and collective bargaining, the right to a safe and healthy work environment, and the right to due process in case of disciplinary actions, among others.

What to do if you're experiencing workplace discrimination in Muntinglupa City?

If you are experiencing workplace discrimination, it's advisable to seek out a lawyer who specializes in employment and labor law. You can also report this to the Department of Labor and Employment (DOLE).

What are the normal working hours under the Labor Code of the Philippines?

The normal working hours for an employee should not exceed eight (8) hours a day.

How does overtime pay work in the Philippines?

For work done beyond eight hours, workers are entitled to an overtime pay which is an additional 25% of their regular hourly rate.

What to do if your employer does not pay the agreed salary?

If your employer does not pay the agreed salary or is late in giving it, you should report it to DOLE or seek the aid of a lawyer.

Additional Resources

For additional information or assistance, you may contact the Department of Labor and Employment (DOLE) or the National Conciliation and Mediation Board (NCMB). Legal clinics provided by law schools like University of the Philippines College of Law and Ateneo Law School can also provide free or low-cost legal advice.

Next Steps

If you need legal assistance on employment and labor in Muntinglupa, it's advised to do the following: Identify your issue, gather relevant documents, contact a lawyer specializing in labor law, and report to DOLE if necessary. It's also advisable to get informed about your rights as an employee in the Philippines.

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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.