Affidavit of Release, Waiver, and Quitclaim for Employment

What is an Affidavit of Release, Waiver, and Quitclaim for Employment?

An Affidavit of Release, Waiver, and Quitclaim for Employment is used when an employee voluntarily resigns from employment.

When an employee resigns from employment, they are usually given a "final pay" which includes all remaining salaries and other contractual and legal benefits that the employee has earned but has not yet received. When the final pay is given or will be simultaneously given upon signing this affidavit, the employer would usually want to protect its interest by asking the employee to sign this Affidavit or Release, Waiver, and Quitclaim which would state that the employer has paid everything that is owed to the employee and that the employee has no other claims against the employer. In other words, the employee is waiving any and all claims in favor of the final pay.

Once an Affidavit of Release, Waiver, and Quitclaim is signed by the employee, they take no further action against the employer, in connection to the employment. This means that the employer gives up their right to claim anything from the employer.

What are the different types of Quitclaims?

The following are the different types of Quitclaims:

• Affidavit of Release, Waiver, and Quitclaim for Employment. This is used when the employee has resigned from employment and the employee agrees not to pursue any claim against the employer due to the fact of his resignation.
• Release, Waiver, and Quitclaim (One-Way). This is used when one party (the "Releasor") is releasing another party (the "Released") from any liability, or obligations connected to or arising from a specific transaction. This is used in situations other than for employment resignation.
• Mutual Release, Waiver, and Quitclaim. This is used when both the releasor and the released are releasing each other from any liability, or obligations connected to or arising from a specific incident. This is also used in situations other than for employment resignation.

Is it mandatory to have an Affidavit of Release, Waiver, and Quitclaim for Employment?

There is no legal requirement to have an Affidavit of Release, Waiver, and Quitclaim for Employment but this will serve as a protection on the part of the employer against possible claims that the employee may bring to the courts against the employer by reason of the employee's resignation.

What must an Affidavit of Release, Waiver, and Quitclaim for Employment contain?

An Affidavit of Release, Waiver, and Quitclaim for Employment should contain the following information:

• The identity of the employee and the employer,
• The obligations that were settled, i.e. unpaid salaries and benefits, and
• The date when the employee resigned.

What are the prerequisites of an Affidavit of Release, Waiver, and Quitclaim for Employment?

A requirement before the execution or signing of an Affidavit of Release, Waiver, and Quitclaim for Employment is that the employee must have received the final settlement arising from his resignation or at least there is a simultaneous signing of this document and payment of the final settlement. The final settlement should include the payment of unpaid salaries and benefits.

To be valid and binding between the employer and employee, it is important that the employer ensures that the quitclaim was voluntarily signed by the employee, there was no fraud or deceit on the part of either the employee or the employer, and the final pay or settlement is accurately determined i.e. based on the actual unpaid salaries and benefits of the employer.

Who is involved in an Affidavit of Release, Waiver, and Quitclaim for Employment?

The employee who resigned must sign an Affidavit of Release, Waiver, and Quitclaim for Employment. Note that the employee must be of legal age to be able to sign the document. Note further that two witnesses must also sign this Affidavit of Release, Waiver, and Quitclaim for Employment.

What has to be done once an Affidavit of Release, Waiver, and Quitclaim for Employment is ready?

Once the document is completed, at least three original copies should be printed, then the employee should review the document to see if all the information is correct. The employer should also explain the contents of the document to the employee. Specifically, the employer should explain that, in signing the Affidavit of Release, Waiver, and Quitclaim, the employee will be waiving any and all claims that they may have against the employer. The explanation should be in a language or dialect that the employee understands.

The employee together with the two witnesses must personally appear before a notary public and present at least one current identification card (I.D.) issued by an official agency bearing the photograph and signature of the affiant. The employee must swear under oath the whole truth of the contents of the affidavit and then sign all copies of the affidavit. The affiant will be asked to leave one original copy for the files of the notary public, and the two other original copies should be kept by the employee and the employer. Once notarized, the affiant may use the Affidavit as needed.

Which documents should be attached to an Affidavit of Release, Waiver, and Quitclaim for Employment?

If desired, the following should be attached to the Affidavit of Release, Waiver, and Quitclaim for Employment:

• The document listing the remaining salaries and benefits. Note that this can refer to settled obligations or those that will be settled simultaneously upon signing the Affidavit of Release, Waiver, and Quitclaim for Employment.
• The resignation letter of the employee.

Is it necessary to notarize an Affidavit of Release, Waiver, and Quitclaim for Employment for it to be valid?

Yes, because an Affidavit of Release, Waiver, and Quitclaim for Employment is a sworn statement that should be executed or signed in the presence of a notary public.

Is it necessary to have witnesses for an Affidavit of Release, Waiver, and Quitclaim for Employment?

Yes, there should be two witnesses to the execution of the document who must also affix their signature thereon, and because this document is an affidavit, it should be signed in the presence of a notary public. Thus, the employee should go to a notary public (with at least three copies of the document to swear an oath to the truth of the statements contained in the Affidavit of Release, Waiver, and Quitclaim. Only then can the employee, together with the two witnesses sign the Affidavit of Release, Waiver, and Quitclaim.

What are the costs involved in the finalization of an Affidavit of Release, Waiver, and Quitclaim for Employment?

Notarization fees for an Affidavit of Release, Waiver, and Quitclaim for Employment are typically PHP100 to PHP500.

Which laws are applicable to an Affidavit of Release, Waiver, and Quitclaim for Employment?

There are no laws that apply specifically to an Affidavit Release, Waiver, and Quitclaim for Employment however, jurisprudence and the Labor Code of the Philippines may apply.

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