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1 IMMEDIATE RESIGNATION on Fri May 04, 2012 2:05 pm


Arresto Menor
Hi Atty,

I had a pending "money claim" for the months that i was assigned as a supervisor with no increase given by the company, and for several months they have not assigned me to any team which is very unusual in the BPO industry. They even did not schedule me for work for almost a month now and i just had my administrative hearing with HR because of the so called "abandonment of work". If i will give them my resignation does it mean that i will not be getting any separation pay just my backpay? since this is somewhat a form of constructive dismissal that they have not scheduled me for work and with pending "money claim" for the months that i assumed the supervisory post, can i just end the contract immediately and ask for legal help from NLRC? Please help coz it is killing me softly to be in this position. What should i do best?

Thank you.

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2 Re: IMMEDIATE RESIGNATION on Fri May 04, 2012 10:03 pm


resignation does not entitle you to separation pay. if after 6 months, they have not given you a position then it can be considered constructive dismissal

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3 Re: IMMEDIATE RESIGNATION on Sat May 05, 2012 9:58 am


Arresto Menor

Thank you for the reply. This is a brief history of what happened, Last year i was given the post as supervisor and since there was no confirmation after 7 months of follow-up i decided to give-up the position. I then acted as senior consultant, which is my current designation, to a team of 20 consultants for 2 months. In December of 2011 i complained directly to HR about the months that i spent as supervisor without any pay increase. They reassigned me to a different account without endorsement papers. And i also got an unscheduled work in Dec 2011 til Jan 2012. AFter my second complain about the unscheduled work they fixed it and got a schedule in February. I am assigned to a manager who is based in Mindanao and i am in Luzon. This goes til the present date. I do not have any particular team assignments in my workplace coz the team i am assigned is in Mindanao and i am here in Luzon. What should i do if i won't get a separation pay if i resign even after all this chaos in my work assignement? I want to leave and not file for resignation then go directly to a labor lawyer for assistance. If i wont report for work anymore would it fall as AWOL?

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