FORFEITURE OF BENEFITS AND LIQUIDATED DAMAGES
The 30-day leave package is a "Loyalty and Performance Benefit" provided to employees in good standing. To protect the Company’s interests in cases of Serious Misconduct, the following rules apply upon termination:
Forfeiture of Company-Granted Leaves
In the event an employee is terminated for Just Cause (including but not limited to: Dishonesty, Falsification of Records, Theft, Gross Misconduct, or Breach of Confidentiality):
- Statutory SIL: The unused portion of the five (5) days of Statutory Service Incentive Leave (SIL) will be paid out as required by the Philippine Labor Code.
- Wellness Grant Forfeiture: All remaining unused "Company-Granted" leave credits (the additional 25-day pool) are automatically forfeited and shall have zero cash value in the Final Pay computation.
Recovery of Advanced Leave Credits
If an employee has utilized "Advanced" leave credits (leave taken before it was monthly accrued) and is separated from the Company before such credits are earned, the Company reserves the right to deduct the monetary equivalent of the unearned, used days from the employee's Final Pay.
Liquidated Damages for Gross Misconduct
The Company and the Employee agree that acts such as Falsification of Documents, Theft, Fraud, and Unauthorized Disclosure of Data cause damages to the Company that are difficult to quantify.
- The Penalty: In the event of termination for Just Cause involving the aforementioned acts, the Employee agrees to pay the Company Liquidated Damages equivalent to one (1) month’s gross salary.
- The Offset: The Company is hereby authorized to offset this amount against any remaining compensation, bonuses, or benefits due to the Employee, to the extent permitted by law.