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Entitlement to separation pay of a resigned employee

Almirante: Company practice

SunStar March 12, 2021 Respondent Juraldine N. Gerasmio (Juraldine) filed a complaint for illegal dismissal asking for separation pay, among other claims, against petitioner Italkarat 18 Inc. While he signed a resignation letter and quitclaim, it was upon the promise of Noel San Pedro, then officer-in-charge of petitioner, that he will be given a sum of P170,000. However, to his dismay he was later informed by San Pedro that he would be receiving only the amount of P26,901.34. On the other hand, the petitioner alleged that Juraldine voluntarily resigned from his job. During the last year of his employment, he took leaves of absence in order to process his papers for a possible seaman’s job.

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