Short answer

Yes. An employee who resigns—even without completing proper turnover or full notice—remains entitled to all earned and legally mandated final pay, subject only to lawful deductions (e.g., taxes, government contributions, and proven, allowable offsets). Employers may pursue damages or recover the value of unreturned company property through allowable deductions or separate claims, but they cannot forfeit wages already earned.

Legal foundations (Philippine context)

Labor Code, Termination by Employee (Art. 300, formerly 285). Resignation requires written notice at least 30 days in advance, unless for a legally recognized just cause. Failure to serve the full notice period may give rise to employer claims for damages, but it does not erase the employee’s right to wages and benefits already earned.
Wage protection principles (Labor Code on wages and deductions). Employers may make only specific, lawful deductions (e.g., those required by law, or with the employee’s written authorization, or those expressly allowed by regulations such as fair and reasonable deductions for loss or damage after due process). Wholesale withholding of pay because “turnover isn’t complete” is generally unlawful.
Final pay timing and documents (DOLE guidance and standard practice). “Final pay” (a.k.a. last pay) should be released within a reasonable period (commonly referenced as within 30 calendar days from separation unless a more favorable company policy/CBA sets a shorter period). A Certificate of Employment must be issued upon request within a short statutory window. Clearance procedures may be used administratively but should not be abused to delay payment beyond the reasonable timeline.

What counts as “final pay”?

Final pay typically includes amounts earned up to the last day plus statutory or policy-based benefits:

Unpaid basic salary/wages up to last day worked.
Pro-rated 13th month pay (for private-sector rank-and-file; proportionate to length of service in the calendar year).
Unused Service Incentive Leave (SIL) commutation (up to 5 days/year minimum where applicable), and any unused vacation/sick leave if company policy/CBA provides conversion.
Overtime, premium, night shift differential, holiday pay differentials due but unpaid.
Other earned incentives/commissions that have become due and determinable under company schemes.
Tax refund (if any) or tax due after year-to-date reconciliation.
Deductions required by law (withholding tax, SSS, PhilHealth, Pag-IBIG) and authorized deductions (e.g., salary loans) still outstanding.
Separation pay is not a resignation default; it applies only if a law or policy grants it (e.g., authorized causes, CBA, or company practice).

Government certificates/forms. The employer should provide the Certificate of Employment upon request and issue the BIR Form 2316 at year-end or upon request to the separated employee, and update SSS/PhilHealth/Pag-IBIG postings.

“No proper turnover”—what changes?

1) Entitlement remains

The right to wages and earned benefits does not vanish because turnover or clearance is incomplete.

2) Lawful deductions may apply

Unreturned company property (e.g., laptop, tools, uniforms) or documented losses may be offset only if:
- The liability is clearly established (fact of loss, value, and the employee’s responsibility),
- Due process is observed (notice and opportunity to explain), and
- The deduction is fair and reasonable and otherwise allowed (e.g., through written authorization or specific rules).
Liquidated damages or “one-month in lieu of notice”: Employers may seek damages for short notice under the Civil Code and employment contract. But unilateral salary forfeiture—without legal basis or written authorization—is risky. Many employers instead compute pay for actual days worked and pursue recovery (or agree on a set-off) for unserved notice or losses supported by policy and documentation.

3) Clearance vs. payment timing

Clearance is a legitimate internal control (to check returns, reimbursements, and offsets).
However, clearance should not be used to delay release of undisputed final pay beyond a reasonable period. Employers should separate:
- Undisputed amounts (release on time), and
- Disputed or offsettable amounts (handle via documented deduction or a separate claim).

Practical scenarios

A. Employee resigns effective immediately, leaves laptop

Employer may:
- Pay wages through last day worked, pro-rated 13th month, SIL conversion.
- Deduct the proven value of the unreturned laptop (or the repair/replacement cost) after due process and consistent with written policies/authorizations.
- If value exceeds final pay, pursue the balance via agreement or legal action.
Employer may not:
- Forfeit all pay or refuse to issue the COE solely because the laptop hasn’t been returned.

B. Employee failed to serve 30-day notice

Options:
- Pay what is due; employer may seek damages for the unserved notice if contract/policy supports it and if legally enforceable.
- A set-off may be arranged if the employee consents in writing; otherwise, employer should avoid unilateral, speculative deductions.

C. Sales commissions

If the scheme says commissions are earned upon billing/collection, determine which deals matured before separation. Commissions that are not yet earned under the plan’s terms need not be paid.

Employer checklist

Acknowledge resignation in writing; confirm last day and any turnover plan.
Inventory company property and receivables; document any losses.
Compute final pay promptly; separate undisputed amounts from potential offsets.
Observe due process before any deduction for loss/damage; obtain written authorization where required.
Release final pay within a reasonable period (commonly treated as within 30 days from separation) or shorter if policy/CBA says so.
Issue COE promptly upon request; prepare/issue BIR 2316 and update SSS/PhilHealth/Pag-IBIG.
If pursuing damages for unserved notice, document the basis and consider amicable settlement.

Employee checklist

Give written notice (ideally 30 days) unless you have a just cause for immediate resignation.
Complete turnover: return property, files, passwords; submit expense reports.
Request your COE and check your final pay breakdown (salary, 13th month, SIL, OT/ND, commissions).
Dispute improper deductions in writing; keep copies of policies and payslips.
If pay is unduly delayed or unlawfully withheld, consider DOLE Single-Entry Approach (SEnA) conciliation or NLRC money claims.

Computation blueprint (illustrative)

Basic pay: Daily rate × actual days worked in the cutoff (plus any prior unpaid days).
13th month (pro-rated): (Total basic salary earned Jan 1–Dec 31 up to separation) ÷ 12.
SIL/leave conversion:
- SIL: up to 5 days/year (where applicable), monetary equivalent of unused portion upon separation.
- Additional leave conversion if company policy/CBA allows.
Differentials: OT, night differential, holiday pay as applicable.
Deductions: statutory (tax, SSS, PhilHealth, Pag-IBIG), authorized loans, proven loss/damage (with due process/authorization).
Net final pay = Items 1–4 minus Item 5.

Tip: If the employee did not complete the 30-day notice, do not automatically deduct one month pay unless the employee expressly authorized such a deduction or the deduction otherwise falls under an allowable category; consider a separate claim or a mutual settlement.

Disputes & enforcement

SEnA (DOLE): Quick, low-cost conciliation for money claims and documentation issues (e.g., delayed final pay, COE).
NLRC: Formal adjudication of monetary claims, illegal deductions, or wage withholding.
Civil claims: Employers may file to recover damages (e.g., for abrupt resignation causing losses) or unreturned property beyond what lawfully could be deducted.

Key takeaways

Resigning without full turnover or full notice does not cancel the right to final pay.
Employers may deduct or recover only what the law and due process allow; otherwise, they must release undisputed amounts on time.
To minimize friction: employees should return property and cooperate with turnover; employers should compute promptly, document offsets, and avoid blanket withholding.

This article is for general guidance on Philippine labor standards. Unique facts, company policies, or CBAs can materially change outcomes; when stakes are high, consult counsel.