Scribd
Upload
533 views2 pages

Employee's Final Pay Demand

The letter summarizes that the employee has not received their final pay and certificate of employment despite being cleared from employment for over 30 days, in violation of Labor Advisory No. 6, Series of 2020. The letter gives the company seven days to provide the final pay and COE, or legal action will be taken for illegally withholding wages and documents. Failure to comply by the specified date will result in a complaint being filed with the NLRC to claim damages and legal fees.

Uploaded by

Martin Sanderson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
533 views2 pages

Employee's Final Pay Demand

The letter summarizes that the employee has not received their final pay and certificate of employment despite being cleared from employment for over 30 days, in violation of Labor Advisory No. 6, Series of 2020. The letter gives the company seven days to provide the final pay and COE, or legal action will be taken for illegally withholding wages and documents. Failure to comply by the specified date will result in a complaint being filed with the NLRC to claim damages and legal fees.

Uploaded by

Martin Sanderson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Letter on Employment Issue Withholding: A formal letter addressing the illegal withholding of final pay and employment certificate with reference to labor advisory guidelines.

[Your Name]

[Address]
[Date]

[Company]
[Address]

Re: Illegally Withholding Final Pay and Certificate of Employment

Good Morning,

In light of the fact that I have been cleared from my employment with you for [X
months/weeks/days] now, and have had unsatisfactory responses regarding when you
will be processing my Final Pay and Certificate of Employment, I am forced to take
more drastic measures now.

Under Labor Advisory No. 6, Series of 2020, an employer has 30 days to provide an
employee with their final pay, pending completion of their clearance. This is not just a
guideline, it is now a law. As such, you are obliged to follow this legal requirement, and
provide a terminated employee that has completed clearance with their final pay within
the aforementioned time of 30 days.

Furthermore, under the same Labor Advisory, an employer has three (3) days to
provide an employee with their Certificate of Employment, whether clearance is
completed or not. This is also not just a guideline; it is now a legal requirement. As
such, you are obliged to follow this legal requirement, and provide an employee with
their Certificate of Employment within the aforementioned time of three (3) days.

As you have not replied to my requests asking for a definite date when my Final Pay
and CoE will be released, I hereby give you seven (7) days from the date of this letter
to provide my Final Pay and Certificate of Employment.

Your failure to do so WILL result in legal action being taken against you for Illegally
Withholding Wages, under Article 116 of the Labor Code (renumbered), and illegally
withholding documents under Labor Advisory No. 06-20, which is subject to the
standard DOLE Enforcement Mechanism, as per said Advisory.

If the Final Pay and CoE are not received by [insert date], I will be forced to file a
complaint and money claim with the NLRC, to include nominal, moral, and exemplary
damages and legal fees.
I look forward to a speedy resolution of this unfortunate yet illegal action that you have
undertaken.

Yours,

[insert name]

You might also like