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20-Nov-2015 14:35 by 8 Comments

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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.

However, lack of explicit words stating the employees intention to resign is deemed not crucial, as long as the employees intention to resign can be deduced from letter itself.Separation pay may be awarded only in cases when the termination of employment is due to: (a) installation of labor saving devices, (b) redundancy, (c) retrenchment, (d) closing or cessation of business operations, (e) disease of an employee and his continued employment is prejudicial to himself or his co-employees, or (f) when an employee is illegally dismissed but reinstatement is no longer feasible. In Alfaro, the Court ruled as follows: “Generally, separation pay need not be paid to an employee who voluntarily resigns.In fact, the rule is that an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or CBA, or it is sanctioned by established employer practice or policy.” [ In addition to the exceptions cited above, there are other cases where the court may award separation pay to voluntarily resigning employee. The theological and ideological lens that most scholars believe the writers of Kings ascribed to is related to the question of the so-called Deuteronomistic History (for more, see 1 and 2 Kings [especially the section on "Authorship"] and The Former Prophets and the Deuteronomistic History).The "Deuteronomistic History" (or DH) is the scholarly name frequently given to the books stretching from Deuteronomy—Kings.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. It does not cover cases where the employee is forced to resign with the use of threats, intimidation, coercion or manipulation, or where resignation is imposed as a penalty for an offense. It may also contain the reason or justification of the employee for filing his resignation, although legally, this is not important. NLRC.) The key is that resignation must be a “voluntary act”, and that the employee must have knowingly and voluntarily dissociate himself from his employment for his own personal reasons. It must state the date when resignation is to take effect because of the 30-day notice requirement under the law.Additionally, the Biblical Rulers Timeline provides an excellent visual aid.) Biblical scholars regularly discuss the book of Kings as belonging to the Historical Books (see Introduction to the Historical Books).In Judaism, Kings belongs to the Former Prophets (so readers should not be surprised to think "prophets" when thinking of the story found in the book of Kings! The label "historical," however, contradicts the fact that determining the intended genre of the book of Kings is no easy task.The story found in the book of Kings tells of the repeated failure of Israel's monarchs to remain loyal to Yahweh—and the resulting exilic punishment.

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