Clearance Demand Letter

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[Your Name]

[Address]
[Date]

[Company]

[Address]

Re: Illegally Withholding Final Pay

Good Morning,

In light of the fact that I have been unable to complete clearance from my employment
with you for [X months/weeks/days] now, and have had little to no adequate or legal
response regarding when you will be processing my clearance and Final Pay, I am now
forced to take more drastic measures.

Under Labor Advisory No. 6, Series of 2020, an employer has 30 days to provide an
employee with their final pay, pending completion of their clearance. This is not just a
guideline, it is now a law. As such, you are obliged to follow this legal requirement, and
provide a terminated employee that has completed clearance with their final pay within
the aforementioned time of 30 days.

However, the onus is on the employer to enable the employee to complete their
clearance at the earliest opportunity. Your failure to do so may now result in legal
action being taken against you.

Your actions to prohibit the facilitation of my clearance from the company are now
considered to be tantamount to deliberately and illegally withholding wages.

I hereby give you seven (7) days from the date of this letter to facilitate completion of
my clearance and provide my Final Pay.

Your failure to do so WILL result in legal action being taken against you for Illegally
Withholding Wages, under Article 116 of the Labor Code (renumbered).

If the Clearance and Final Pay are not completed and received by [insert date], I will be
forced to file a complaint and money claim with the NLRC, to include nominal, moral,
and exemplary damages and legal fees.

I look forward to a speedy resolution of this unfortunate yet illegal action that you have
undertaken.
Yours,

[insert name]

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