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

Resignation on Probationary Period

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

1 Resignation on Probationary Period on Wed Aug 15, 2012 10:52 am

man of steel


Arresto Menor
In connection po sa resignation under probationary period, my contract has agreements like these:

I have to pay the company the cash bond or actual cost whichever is higher as payment for the recruitment and training expenses for any of the following incidents:
a. Voluntary withdrawal from the training;
b. Termination of the training contract for violation of the rules and regulation of the company;
c. Refusal to accept probationary employment after the training; and
d. Voluntary separation within the 6-months probationary period.

Gaya nga ng namention sa isa sa mga nagposts, I also have a hard time to work because of my senior. She insults me and I feel really humiliated and I dislike to work in my company now. Moreover, my manager just told me to bear with this situation but it's not that easy to see in the same place that causes me to have self-esteem and confidence.

I can't resign in my company now because of the cash bond. If I underperform I still have to pay the cash bond due to one of the agreements mentioned above which is "Termination of the training contract for violation of the company's rules and regulations."

This is the first time in my career that I feel that I really hate my job. It's so difficult to wake up each day feeling this stress.

Please help me. Thank you.

View user profile

2 Re: Resignation on Probationary Period on Wed Aug 15, 2012 2:57 pm

msc


Arresto Menor
file a case with DOLE based on the following grounds:

### What are the just causes for termination of employment by employee with just cause?

An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:


1. serious insult by the employer or his representative on the honor and person of the employee;

2. inhumane and unbearable treatment accorded the employee by the employer or his representative;

3. commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

4. other causes analogous to any of the foregoing.


### What are the requisites for serious insult as a ground to terminate employment by employee?

In order to be considered a just cause to warrant the valid termination of employment by the employee without notice, the following requisites must concur:


1. the insult must be serious in character;

2. it must be committed by the employer or his representative; and

3. it must injure the honor and person of the employee.

View user profile

3 Cash bond in resigning on probationary period on Wed Aug 15, 2012 8:47 pm

man of steel


Arresto Menor
Thanks for the reply to my earlier post.

However, my real concern is this. In the training contract that I signed, it stated there that I have to pay a certain big amount of money whenever I resign voluntarily during the six months probationary period.

At first, I didn't see this thing as a problem since in the previous company that I worked, I didn't have any problems dealing with my co-workers even to my clients. However, this time, I have an awful, terrible, hot tempered, senior officer that humiliates and criticizes me a lot to the point that I feel degraded.

The reason why I am resigning is all because of her. I guess it's not my fault that I would quit and not finishing this contract. If it's not all because of my senior officer, I will not think about resigning. I don't want to file a case against her. Just I want to end this misery by leaving the company asap without paying the cash bond.

What should I do? Please help... I firmly believe many of the newbies in the company have an experience like this. Thanks.

View user profile

4 Cash bond in resigning on probationary period on Wed Aug 15, 2012 8:48 pm

man of steel


Arresto Menor
Thanks for the reply to my earlier post.

However, my real concern is this. In the training contract that I signed, it stated there that I have to pay a certain big amount of money whenever I resign voluntarily during the six months probationary period.

At first, I didn't see this thing as a problem since in the previous company that I worked, I didn't have any problems dealing with my co-workers even to my clients. However, this time, I have an awful, terrible, hot tempered, senior officer that humiliates and criticizes me a lot to the point that I feel degraded.

The reason why I am resigning is all because of her. I guess it's not my fault that I would quit and not finishing this contract. If it's not all because of my senior officer, I will not think about resigning. I don't want to file a case against her. Just I want to end this misery by leaving the company asap without paying the cash bond.

What should I do? Please help... I firmly believe many of the newbies in the company have an experience like this. Thanks.

View user profile

5 Re: Resignation on Probationary Period on Thu Aug 16, 2012 10:17 pm

attyLLL


moderator
answered your other post. look up employment bond in the other threads


_________________
[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

6 Re: Resignation on Probationary Period on Fri Aug 17, 2012 10:13 am

File a resignation letter, state on the resignation letter that you are resigning on violation of Labor Code (Quote the following from Labor Code par-B sec-1 ):

-----------------------------------
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.

b. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

1. Serious insult by the employer or his representative on the honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
4. Other causes analogous to any of the foregoing.

------------------------

now in B-1, you actually dont need to notice them, and yes you can go out immediately without 1mos notice, you can just turn your back against them. but to be prepared for their next move, its better to notice them. what will happen is that they will go to NLRC (this is labor related dispute and doesn't go to regular court room), so better have the resignation letter as your reason for leaving the company when the arbiter ask you why you left the org, make sure to attend NLRC hearing by then.

but to be fair with the employer, madaming pinoy na pinapadala sa ibang bansa at ginagastusan ng 200k-500k per travel for training, tapos pag uwi iba backstab ang employer by resigning or joining other companies. alam din ng NLRC yan kaya sana hindi ka isa sa kanila.

View user profile

7 Re: Resignation on Probationary Period on Wed Aug 22, 2012 9:56 am

man of steel


Arresto Menor
Thanks for the reply po. I really appreciate it. I just opened my account for this site. Hindi po ako isa sa kanila na binanggit mo po na nagbackout after ginastusan po. As a matter of fact po, hindi na ako kailanman sasabak sa ganitong industry na pinasukan ko po. Babalik nalang po ako sa aking ginagawa before, ang magturo.

Ang sa akin lang po naman ay masettle na ang conflict na ito at hindi na umabot pa sa mga NLRC or court hearing o anuman. Dumadaan po kasi ang mga araw at feel ko po, lang nangyayaring maganda sa aking buhay.

Maraming salamat po and God bless.

View user profile

8 Re: Resignation on Probationary Period on Thu Jun 20, 2013 5:08 pm

Shin Delos Santos


Arresto Menor
Hi Atty.

I really need your Advise I just want to resign on 1st of July 2013 but I have breach of contract with a penalty of (1) Month salary shall be imposed on the employee if one year of employment after being permanently employed by the company is not completed.

I really want to resigned kase masama  ugali ng Boss ko he's always blaming me and saying bad words to me, I hired as Admin Assistant based on the contract with penalty, but after (3) months, they issued my regularization/ permanent employee but I endorsed to be a Admin/ Finance assistant I have a supervisor (which is the niece of the Boss) but she's not always in the office so all her workload forwarded to me it's not my fault that I have lapses because it's my first time to operate a company and a beginner.

Before I endorsed to handle the Financial matter, meron nang humahawak nun, she's on maternity leave that day and after she resumed to the office she got demoted and replaced by me. My Boss and her niece mad at the girl who handle the Financial matter before and I am always appointed to her what she'll do for the day naiilang ako mag utos at deligate sa kanya kase she's ahead than me with a 3years staying in the company.

In short I'am not happy and naiipit ako sa kanila..
My question, If I can waived that penalty ?
I really need your answer please...

View user profile

9 Re: Resignation on Probationary Period on Fri Jun 21, 2013 9:29 am

attyLLL


moderator
you can't force them to waive the penalty; but you can try to negotiate for them to waive it. if you still resign and they hold your salary, you can contest it at nlrc


_________________
[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

10 Re: Resignation on Probationary Period on Fri Jun 21, 2013 11:20 pm

Shin Delos Santos


Arresto Menor
Thank you atty. for that answer and I have one question re this matter the exact words/ paragraph in my contract is this. 

** A breach of contract with a penalty of (1) Month salary shall be imposed on the employee if one year of employment after being permanently employed by the company is not completed**

What can you say about that atty.? what's wrong and anong laban ko po jan? I'm only an admin assistant, i don't want to hold them my last pay and  I don't have monies to pay my penalty.
after 3 months probationary last december niregular napo nila ako at ngaun ako na naghahandle ng payroll ng company kahit wala sa contract ko. Gusto ko napo talaga makaalis sa company. please answer po I really need your help I want na ilaban tong penalty ko. thank you po.

View user profile

11 Re: Resignation on Probationary Period on Sat Jun 22, 2013 4:24 pm

attyLLL


moderator
imo, it is the company's burden to prove why they should be entitled to that.


_________________
[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

12 Re: Resignation on Probationary Period on Sat Jun 22, 2013 10:33 pm

Shin Delos Santos


Arresto Menor
what do you mean atty?? Can I just file a case against them? because I'll call dole on monday for their opinion.. thanks sir..

View user profile

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