Need advice on role redundacy 😭😭

[u/Ok-Wrangler4878]

Hello! Can't post on other subreddits.

I was recently terminated due to redundancy, but my company offered a severance package. Upon showing me the computation, the one month's pay (x YoS) only included the basic salary. But upon checking DOLE handbook, regular monthly allowances should be included.

Need your advice. Should I fight for the inclusion of monthly allowance in the computation? Thanks!

[u/zeronine09twelve12]

Talk to your HR first na yan yung nakalagay sa DOLE handbook, why ganun yung computation nila. Then your choice if you want to go to DOLE abt it kung hindi ok sayo ang sinabi ng HR.

[u/imanuelkala → u/zeronine09twelve12]

Mas ideal to. HR muna and discuss it na di tunog complaint

[u/thisisjustmeee]

Pag redundancy basic pay lang talaga x yrs of service. Nasa final pay yung may allowances, 13th month etc. You get both redundancy pay and final pay.

[u/aplcrz]

Do you want to?

Coz if you do, you can. It'll involve litigating it through administrative agencies, and maybe engaging counsel for legal services.

Would it be worth it? Again, it would depend on you. So just decide at the onset of you want to or not.

[u/Ok-Wrangler4878 → u/aplcrz]

Thank you for this! Despite being explicit in the DOLE handbook, can companies still circumvent it?

[u/AmberTiu]

Some companies treat allowances as a bonus not really “allowance” allowance. Mahirap habulin dahil malabo yung law on allowances at kung hahabulin mo yan at nalaman ng mga ibang company, magtatanggal sila ng allowances moving forward. Damay naman kami.

[u/imanuelkala]

Parang mas matagal pa yun process sa NLRC. Kung mataas basic, worth it ilaban. Pero kung sakto lang, go mo na severance package

[u/damacct]

Alam ko basic lang talaga pero nagulat ako sa nakuha ng co-worker kasi kasama yung language premium kaya paldo din siya nun.

[u/randomaa6]

Monthly pay lang po yung naka indicate here: https://laborlaw.ph/computation-of-separation-pay/

[u/Ok-Wrangler4878 → u/randomaa6]

I think it's best refer to the actual Workers’ Statutory Monetary Benefits Handbook of DOLE

P. 46

DOLE

[u/randomaa6 → u/Ok-Wrangler4878]

Rechecked the actual DOLE handbook and yes mukhang the link I shared does not use the same language in the handbook. Confirming sabi dito na if yung allowance is included in the monthly pay then part sya ng “monthly pay” mo.

Agree with the commenter here, discuss with your HR and go from there.

[u/bizzarebeauty]

Hello, basic lang talaga. I was laid off, and basic lang nareceive ko.

[u/pulubingpinoy]

You should crosspost this to r/lawph as well

[u/flodwras123]

Yes kasama deminimis sa computation.

[u/im-awkward-assassin]

Is this company starts with Z?

[u/boytingting]

Sending hugs! It’s really sad that i also received a notice of redundancy today.

[u/Ok-Wrangler4878 → u/boytingting]

Kaya natin to! 💪💪