Date: [DD MONTH YYYY]
VIA [PERSONAL DELIVERY / REGISTERED MAIL / E-MAIL TO HR@COMPANY.COM]
To:
[NAME OF HR MANAGER / OWNER / PRESIDENT]
[POSITION]
[COMPANY NAME]
[COMPANY ADDRESS]
From:
[YOUR FULL NAME]
[LAST POSITION HELD]
Employee No. [EMPLOYEE NUMBER]
[YOUR ADDRESS] · [MOBILE] · [E-MAIL]
Subject: Demand for release of final pay and issuance of Certificate of Employment
Dear [MR. / MS. SURNAME],
I worked for [COMPANY NAME] as [POSITION] from [START DATE] until [LAST DAY OF WORK / DATE OF SEPARATION]. My employment ended by reason of [RESIGNATION EFFECTIVE ___ / END OF CONTRACT / TERMINATION / RETRENCHMENT / OTHER].
Under DOLE Labor Advisory No. 06, Series of 2020, final pay shall be released within thirty (30) days from the date of separation, unless a more favorable company policy or agreement applies, and a Certificate of Employment shall be issued within three (3) days from the employee's request.
As of today, [NUMBER] days after my separation, I have not received [MY FINAL PAY / THE BALANCE OF MY FINAL PAY / MY CERTIFICATE OF EMPLOYMENT].
1. Amounts due to me
Item Basis Amount (₱)
Unpaid salary from [DATE] to [DATE] Earned wages [AMOUNT]
Pro-rated 13th month pay for [YEAR] P.D. 851 — 1/12 of basic salary earned this year [AMOUNT]
Cash conversion of unused Service Incentive Leave ([NUMBER] days) Labor Code, Art. 95 [AMOUNT]
Cash conversion of other unused leaves ([NUMBER] days) [COMPANY POLICY / CONTRACT] [AMOUNT]
Separation pay / retirement pay [ART. 298–299 / ART. 302 / COMPANY POLICY — OR WRITE "NOT APPLICABLE"] [AMOUNT]
Tax refund (excess withholding) BIR Form 2316 [AMOUNT]
Cash bond / deposit to be returned [AGREEMENT / RECEIPT NO.] [AMOUNT]
Other: [COMMISSION / INCENTIVE / ALLOWANCE] [CONTRACT / POLICY] [AMOUNT]
Total [TOTAL AMOUNT]
[IF YOU DO NOT KNOW THE EXACT AMOUNTS: "I request a written computation of my final pay showing each item and any deductions, with the supporting documents."]
2. What I am asking for
1. Release of my final pay of ₱[TOTAL AMOUNT] [or the amount shown in your written computation] within [FIVE (5)] days from receipt of this letter, by [BANK TRANSFER TO ACCOUNT NO. ___, BANK ___ / CHECK / CASH AGAINST RECEIPT].
2. A written breakdown of my final pay, including any deductions and the reason for each.
3. My Certificate of Employment stating my dates of employment and the work I did. [I first requested it on [DATE OF FIRST REQUEST] by [E-MAIL / LETTER / HR PORTAL].]
4. My BIR Form 2316 for [YEAR].
[IF THE COMPANY SAYS CLEARANCE IS NOT YET DONE: "I completed / am ready to complete the clearance process. Please tell me in writing which item is still pending and who will sign it, so that the release is not delayed."]
3. If this is not settled
If my final pay and documents are not released within the period above, I will file a Request for Assistance under the Single Entry Approach (SEnA) at the DOLE [REGIONAL / PROVINCIAL / FIELD] Office with jurisdiction over the workplace, as provided in Labor Advisory No. 06-20, and pursue all claims available to me under the Labor Code.
I hope we can settle this quickly and amicably. You may reach me at [MOBILE] or [E-MAIL].
Respectfully,
______________________________
[YOUR FULL NAME]
Received by:
______________________________
[NAME, POSITION] — Date: [DATE]
Attachments (copies):
1. [RESIGNATION LETTER AND ACCEPTANCE / NOTICE OF TERMINATION / CONTRACT]
2. [LAST PAYSLIPS]
3. [CLEARANCE FORM, IF ANY]
4. [PROOF OF EARLIER REQUEST FOR COE]
NOTES BEFORE SENDING — delete this part
Deadline for the company: 30 days from your date of separation for final pay; 3 days from your request for the COE (DOLE Labor Advisory No. 06-20). A better company policy or contract prevails.
Your own deadline: money claims arising from employment must be filed within three (3) years from the time the cause of action accrued (Labor Code, Art. 291, renumbered Art. 306). Do not wait until the end.
Where to go next: the nearest DOLE Regional/Provincial/Field Office with jurisdiction over the workplace, for conciliation (SEnA). Bring this letter, the received copy and your payslips.
Proof of delivery: keep the "received" copy, the registry receipt, or the sent e-mail.
Final pay includes: unpaid salary, unused SIL and other convertible leaves, pro-rated 13th month pay, separation or retirement pay if applicable, tax refund, other contractual pay, and cash bonds or deposits (Labor Advisory No. 06-20, Part I).
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