Dear PAO,My uncle is employed by a prestigious corporation. Due to a business recession, the company retrenched a part of its workforce. In opposition to the retrenchment, some of its employees, including my uncle, staged a strike. Meanwhile, the government found the retrenchment to be justified but declared the strike to be illegal.
As a result, the employees who participated in the illegal strike were considered to have lost their employment. While my uncle does not dispute the decision, he wants to know if he is entitled to separation pay, given that he served his former employer for 10 years.LanceDear Lance,Unfortunately, your uncle is no longer entitled to separation pay. In the case of C. Alcantara & Sons, Inc. v.
23, 1988, the high court, through Associate Justice Isagani Cruz, elucidated that:'We hold that henceforth separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character.
Pay Is Not Awarded To Employees Who Commit Grave Misconduct
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