Does a losing business still need to provide separation pay?

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During times of economic challenges, some businesses may be forced to terminate staff and employees to save on expenses, and they would ask their lawyer if the business still needs to provide

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b. a written notice on the affected employees and the DOLE is served at least one month before the intended date of termination of employment.Moreover, serious business losses are substantial losses and means that the business must have operated at a loss for a period of time for the employer to have perceived objectively and in good faith that the business’ financial standing is unlikely to improve in the future. FUR-TUCP v. Manila Polo Club, Inc., G.R. No.

While it is recognized as the employer’s management prerogative to characterize the employee’s service as “redundant”, DOLE Department Order No. 147-15 lays down some requirements to classify an employee as redundant for valid termination and, these are:2. The positions or services are in the excess of what is reasonably demanded by the actual requirements of the enterprise to operate in an economical and efficient manner4.

Notably, it has been decided by the Supreme Court that a retrenchment program that does not take seniority into consideration renders the retrenchment invalid.

 

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