Book VI — Post-Employment
Article 300Personnel whose services are terminated.
ELI5— what this means for you
Government personnel whose positions were abolished by the Labor Code's implementation were entitled to the benefits under existing laws. No one could be laid off without available funds to cover their gratuity and retirement benefits.
Key point
Official text — PD 442
Personnel whose services are terminated.
Personnel of agencies or any of their subordinate units whose services are terminated as a result of the implementation of this Code shall enjoy the rights and protection provided in Sections 5 and 6 of Republic Act numbered fifty-four hundred and thirty five and such other pertinent laws, rules and regulations. In any case, no lay-off shall be effected until funds to cover the gratuity and/or retirement benefits of those laid off are duly certified as available.
Source: lawphil.net (PD 442 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.