Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

dismissal from work

View previous topic View next topic Go down  Message [Page 1 of 1]

1 dismissal from work on Tue Aug 14, 2012 4:40 pm

lmbobiles


Arresto Menor
Last July 15 I passed a resignation from my company because I was accepted for a new job abroad...Since there is a 1 month rule my last day should be on the 15th of Aug, but my flight was moved earlier so I emailed ny manager that I cant finish my last month.. after a week I received a memo from our HR asking me to answer a AWOL memo..I answered immediately and send it thru email then after 2 days I received a 2nd memo same case..I ignored it since I already send my explanation,,After a couple of days they send me a dismissal letter... Do I have a right to contest my employer so that I can get my backpay? Thanka

View user profile

2 Re: dismissal from work on Wed Aug 15, 2012 11:08 am

alexisbantilan


Reclusion Perpetua
Dismissal can not be imposed since you had already resigned. No due process done because you can not attend to it because you had urgent flight to work abroad.

View user profile

3 Re: dismissal from work on Wed Aug 15, 2012 2:46 pm

msc


Arresto Menor
Acceptance of the resignation tendered by an employee is necessary to make the resignation effective. (Shie Jie Corp. vs. National Federation of Labor, G. R. No. 153148, July 15, 2005). Perhaps, your employer has not accepted your resignation due to the following reasons:
1. You have pending work that you must finish before they will accept your resignation;
2. You have not made any property and money clearances;
3. You have not turned over your work to your replacement or collegues.

View user profile

4 Re: dismissal from work on Thu Aug 16, 2012 7:40 pm

attyLLL


moderator
a reading of the case and its citation shows that the issue is whether the employee actually intended to resign or if disqualified from receiving separation pay if his resignation was not expressly accepted. consequently, an employee's valid resignation cannot be made dependent on a company's consent.

however, there is indeed a 30 day notice, and failure to render it allows the company damages.

for days that you actually worked, you are clearly entitled to be paid


_________________
[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.
View user profile

5 Re: dismissal from work on Thu Aug 23, 2012 10:16 pm

lmbobiles


Arresto Menor
but I already talked to my manager personally that my flight has been moved earlier and at the same time I sent an email about it but still he charged me of AWOL what can i do?

View user profile

6 Re: dismissal from work on Fri Aug 24, 2012 9:34 pm

attyLLL


moderator
your resigned anyway, what is your concern?


_________________
[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.
View user profile

7 Re: dismissal from work on Sat Aug 25, 2012 11:04 am

alexisbantilan


Reclusion Perpetua
File small claim at DOLE, if time permit you because you said may flight ka na to abroad..same as what I did, I filed it at DOLE 4-A and mediation took place kaya nakuha ko backpay ko.

View user profile

8 Re: dismissal from work Today at 9:11 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum