Dear Atty. Kathy,

I filed a labor case against my former employer, which has been going on for 10 years. I did not resign. I was not dismissed. I just stopped reporting for work because I did not like how the company was handling an investigation involving me.

At first, I filed the case because I wanted to go back to my job, and I refused the separation pay package my former employer offered to me.

Now, after 10 years, I realize that I do not want to go back to my former work. Is it possible for me to be given separation pay instead?

Mateo

Dear Mateo,

Based on your narration, it appears that there was no dismissal in your case. As ruled by the Supreme Court, generally, when there is no dismissal, the Court declares that the employee may go back to his work and the employer must accept him because the employment relationship between them was never actually severed.

However, there have been instances where the Court directed the payment of separation pay even if it found that no dismissal took place, particularly where more than 10 years already passed since the employee stopped reporting for work, and the employer has manifested that the employee no longer had any place in the business due to reduced workforce. In such cases, separation pay was computed at one-month salary for every year of service.

Thus, in accordance with Supreme Court rulings, and based solely on your narration, considering that 10 years have passed since you filed the labor case and that your former employer offered to pay you separation pay at the beginning, the Court may deem it just to award separation pay instead of your reinstatement or return to work.

(Gil Sambu Jarabelo vs. Household Goods Patrons Inc., et al., G.R. No. 223163, 02 December 2020)

Atty. Kathy Larios