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Share Thisthis is my second time to post…hindi ko na post ung sequel ng unang story coz it seems that our readers doesn’t want hardcore…

lol anyway, ako nga pala si Tube and i am working at a railway company dito sa Manila as maintenance tech…

The law does not oblige the employer to give separation pay if the initiative to terminate employment comes from employee himself. 140812, August 28, 2001, the Court ordered the payment of separation pay despite holding that the employee voluntarily resign from service, and although such payment was not mandated under the CBA or employment contract. In both of the above cases, the employer agreed to give separation pay to the employee as an incident of the latter’s resignation, but later on renege in the performance of such commitment.

However, by way of exceptions, there are at least two instances where an employee who voluntarily resign is entitled to receive separation pay, as follows: “It is well to note that there is no provision in the Labor Code which grants separation pay to voluntarily resigning employees. The Court held that such practice should not be countenanced.

Thus, in case of retrenchment to prevent losses where the employee is forced to depart from the company due to no fault on his part, separation pay is required by law to be paid to the dismissed employee.

The case is totally different in case of voluntary resignation where severance of employment is due to employee’s own initiative.

Separation pay as a rule is paid only in those instances where the severance of employment is due to factors beyond the control of the employee. Resignation notice usually takes the form of a letter (commonly called “resignation letter”) addressed to the employer, expressing the employee’s intention to terminate his employment. The notice of resignation must be in writing and must be served to the employer at least one month prior to the effective date of his resignation.If the employee fails to give the employer one month advance notice of his intention to resign, he may be held liable for damages.The employee may resign even without serving any notice on the employer for any of the following reasons: cause.” An employee who voluntarily resigns from his work is not entitled to separation pay.

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  1. The court of common pleas may grant legal separation on a complaint or counterclaim, regardless of whether the parties are living separately at the time the complaint or counterclaim is filed, for the following causes:(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought; (2) Willful absence of the adverse party for one year; (3) Adultery; (4) Extreme cruelty; (5) Fraudulent contract; (6) Any gross neglect of duty; (7) Habitual drunkenness; (8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; (9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; (10) Incompatibility, unless denied by either party.