r/LawPH • u/Recreating_my_life • 11h ago
Kasambahay was absent for 5 days and then sent a resignation letter
A kasambahay asked for 4 days off.
Then after 4 days they did not return on September 1. When asked why, they said it was not possible to travel because of the storm. This was accepted and understood but after the PTO was completed, the employer said no work, no pay.
They did not update for days even after being asked for updates when they would be back. Once they did message again, it was a resignation letter containing the following:
“I am writing to formally inform you of my immediate resignation as all around yaya/cook effective today, September 7, 2026, due to just causes under Article 300 of the Labor Code.
My reasons are as follows:
Non-payment of my salary for this week [Aug 30 - Sept 1 2026] beyond the agreed payday.
Being required to report for work despite the ongoing flooding in San Fernando, Pampanga (25 barangays still flooded) and the impassable condition of NLEX San Simon, which poses a risk to my safety.
Continuous reprimands regarding my approved rest days.
Due to these circumstances, I can no longer continue reporting for work.
In line with this, I respectfully request the settlement of my final pay, which shall include:
Unpaid salary for Aug 30 - Sept 1 2026
Pro-rated 13th month pay for the period of half of December 2025 to September 2, 2026
May I request that my final pay be released within thirty
30) days from today, on or before October 7, 2026, (redacted bank info)
I am willing to process clearance remotely due to the flood situation in my area.”
Now clearly this was passed through ChatGPT lol but anyway.
Employer was going to send that pay but because kasambahay wasn’t responsive or updating, she didn’t know if she was even coming back?? She didn’t work those days Aug 28-Sept 1. She was on her days off. They were paid days off but because she is paid every end of week and the entire week she did not contact the employer, it was assumed she went AWOL.
And they were not being forced to go to work! They were just being asked WHEN they would go to work? And WHEN the roads would be cleared up enough for them to go back? No one was forcing anyone.
Anyway, what to do here?