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Tag - release

09 Jan

Release, Waiver and Quitclaim: How to Grant the Final Pay of Deceased Employee

Release, Waiver and Quitclaim is an important document to establish the relinquishment by the claimant of the right against the company. In the case of employer-employee relationship, the right mentioned refers to the benefits to which the employee is entitled to. The rights of the employee accrue in accordance with law. Thus, even if the employee dies, the benefits that have already accrued in his favor may be claimed by his heirs. The employer is under obligation to release the final [...]

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11 Jan

Release, Waiver and Quitclaim Sample Template in Filipino

    Release, Waiver and Quitclaim, as a general rule is frowned upon by the court. But it does not mean that it cannot be valid. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 369-370) After the employee has separated from work, he may be required, as a matter of policy, to execute release, waiver and quitclaim. As a general rule, quitclaims executed by employees are often frowned upon as contrary to public policy. But that is [...]

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26 Jul

Resignation: Requisites for Vitiation of Consent; Sample Documents to Protect Employer from Spurious Claims

Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the [...]

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19 Jul

RELEASE, WAIVER AND QUITCLAIM ARE GENERALY FROWNED UPON BY THE COURTS

Jurisprudence frowns upon waivers and quitclaims forced upon employees. Waivers and quitclaims are, however, not invalid in themselves. When shown to be freely executed, they validly discharge an employer from liability to an employee. A legitimate waiver representing a voluntary settlement of a laborer’s claims should be respected by the courts as the law between the parties. (Remoticado vs. Typical Consturction Trading Corp. and Rommel M. Alignay, G.R. No. 206529. April 23, 2018) In Goodrich Manufacturing Corporation vs. Ativo it [...]

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