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Resignation - Need help and advice

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1 Resignation - Need help and advice on Tue Jul 24, 2012 2:13 pm

vince8


Arresto Menor
I submitted a resignation letter with a 2 weeks of notice. My employer did not agree because he said that a MINIMUM of 30 days is written in the contract, and true enough this is what what written:

"Resignation & Clearance
You hereby agree to the one (1) month advance prior notice and secure clearance after one (1) month, if I decided to leave the company and subject for Management's approval. During Resignation, you hereby agree that NO PENDING cases or cash advances/financial obligation from the company and will return all the company accountabilities such as leads, handbook, and other related thereto."

From my understanding what was stated is exactly 30 days prior to notice. But what my employer is asking is a MINIMUM of 30 days to find a suitable replacement.

I need to resign ASAP as another job is waiting for me.

BTW this is 6month project based contract and im 4 months in.

Thanks in advance! Very Happy

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2 Re: Resignation - Need help and advice on Tue Jul 24, 2012 11:24 pm

alexisbantilan


Reclusion Perpetua
Be calm enough to negotiate both parties.

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3 Re: Resignation - Need help and advice on Wed Jul 25, 2012 2:00 am

vince8


Arresto Menor
what i'm trying to clear up is that can my employer demand a MINIMUM of 30 days period prior to resignation? with no specific date but until they find a suitable replacement, when from my understanding what is stated in the contract would be a period of EXACTLY 30 days prior notice.

Very Happy

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4 Re: Resignation - Need help and advice on Wed Jul 25, 2012 8:31 am

vince8


Arresto Menor
also taking into note Article 285 of the Labor Code of the Philippines which states:

ART. 285. Termination by employee. - (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

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5 Re: Resignation - Need help and advice on Thu Jul 26, 2012 11:12 pm

attyLLL


moderator
the answer is yes, 30 days minimum


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6 Re: Resignation - Need help and advice on Wed Aug 01, 2012 2:36 am

vince8


Arresto Menor
Thanks atty!

Follow-up question. Can they extend my stay at the company for longer than 30 days? Already submitted a resignation letter but no clue whether it was approved or not, it was just "received". And i also read that you don't need approval for a resignation.

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7 Re: Resignation - Need help and advice on Wed Aug 01, 2012 5:25 pm

markagustin


Arresto Menor
sir good pm..i have a contract stated that i will be working 7am-4pm..but when im in jobsite already, i found out that the working time there is 7am-7pm..so i am obligated to follow that policy..but the problem is, there is no overtime pay...can i quit to that company without any notice to them..or in short, AWOL? thans for your advise..

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8 Re: Resignation - Need help and advice on Fri Aug 03, 2012 9:31 am

markagustin


Arresto Menor
if i get AWOL in my work, would they file a case against me? or would they banned me in NBI?

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9 Re: Resignation - Need help and advice on Mon Aug 06, 2012 2:56 pm

markagustin wrote:if i get AWOL in my work, would they file a case against me? or would they banned me in NBI?

labor case is not through a regular court and totally out of reach of NBI records.

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10 Re: Resignation - Need help and advice on Mon Aug 06, 2012 2:58 pm

markagustin wrote:sir good pm..i have a contract stated that i will be working 7am-4pm..but when im in jobsite already, i found out that the working time there is 7am-7pm..so i am obligated to follow that policy..but the problem is, there is no overtime pay...can i quit to that company without any notice to them..or in short, AWOL? thans for your advise..

never do AWOL. file a resignation, telling that you are terminating your employment with them, hilight the provisions of labor code with emphasis on #2

Just Causes for Termination by the Employee

1.Serious insult by the employer or his or her representative on the honor and person of the employee;
2.Inhuman and unbearable treatment accorded the employee by the employer or his or her representative;
3.Commission of a crime by the employer or his or her representative against the person of the employee or any of the immediate members of his or her family; and
4.Other analogous causes.

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11 Re: Resignation - Need help and advice on Mon Aug 13, 2012 4:42 pm

rochie24


Arresto Menor
nag submit po ako ng resignation letter last June 18, 2012, so effectivity ng resignation ko is July 18, tama po ba? dumating ung kapalit ko ng july 4. advise ng employer ko dun palang daw magstart ang 30 days notice. ang problema mag start ako ng july 23, 2012 sa new employer ko. need your advise

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12 Re: Resignation - Need help and advice on Thu Aug 16, 2012 6:57 pm

attyLLL


moderator
it begins from the date that you submitted your resignation letter. best to shoot an email or letter on this point.


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13 Re: Resignation - Need help and advice on Fri Aug 17, 2012 12:18 pm

rochie24


Arresto Menor
to whom i can send an email? now my problem is ayaw pirmahan ang clearance ko kasi two weeks lang naging transition ko.

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14 Re: Resignation - Need help and advice on Fri Aug 17, 2012 1:41 pm

always send the email to your BOSS, cc HR.

July 18, out ka na jan.Why do you need clearance from them, may hinihintay ka pa bang bayad?

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15 Re: Resignation - Need help and advice on Wed Aug 22, 2012 6:44 pm

rochie24


Arresto Menor
yes, i still have my last pay and 13th month.

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16 Re: Resignation - Need help and advice on Tue Sep 11, 2012 7:19 pm

ocean1026


Arresto Menor
Hope this query is answered..am seeking advice for a somewhat similar situation. thanks!

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17 Re: Resignation - Need help and advice on Thu Sep 13, 2012 10:20 pm

attyLLL


moderator
i believe it was answered.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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