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EMPLOYER INSISTING 60 DAY NOTICE FOR RESIGNATION

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Navarro_rose


Arresto Menor
Hi,

Need your advice lang po. I work for a call center and submitted my resignation letter October 3 for a 30 day notice, which would take effect Nov 5.
The reason was I got hired in another company and my start date was Nov 12; their HR gave me ample time to finish my requirements and to find a replacement in the company that I'm currently working on. My current company (Comp 1) wanted me to extended my effective date to Dec 3, well aware that my start date on the other company (Comp 2) was Nov 12, both shifts are at night and I cannot work 2 jobs at the same time while waiting for my effective resignation date.
I don't want to let go of Comp 2 because this is in-house: no worries about end-of-contract for the account that you're working on and I will be able to apply the course that I finished in college. In short, this is the company that I'm hoping to invest my time on and possibly spend the rest of my working years. If I pass this opportunity who knows when i'll get the chance again.
I remember signing a contract with Comp 1 including giving 2 months notice for resignation but this was way back in 2007 when I first worked in the company (I got rehired 2009) when I first resigned here I just rendered 30 days and I know most former employees even in my current account that also rendered 30 days, even less.
My manager told me that they cannot allow 30 days because they feel it's not enough to find a replacement for me. I got promoted just 3 months ago (just a step up being an agent still taking calls) and i'm still in probationary period. But we are already starting the hiring process and it's possible to have a replacement for me within 30 days.
I also talk to Comp 2 HR about my situation and based on their needs, they may not be able to move my start date.
I don't know what to do in this situation or how I can convince Comp 1 to accept my 30 day notice. I even offered to extend my effective date to Nov 9 because one of my team mates who is on vacation leave for a month will be back by Nov 12. I don't want to go on AWOL because this will go on my employment record but if I have no choice I may be forced to. In case I only go to work for that 35 day period will this be taken against me? Will I be subject for termination because of that?
Any advise about this situation would be very much welcome and thanks for the time.

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Patok


Reclusion Perpetua
just finished the 30 days notice. yun lang ang required sa labor law.

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MMMM


Arresto Menor
They cannot impose the 60 days. They can only request you to extend it. If you don't agree to the request, tell them kindly that you cannot do it. 30 days is enough.

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bas0709


Arresto Menor
Hello Atty,

Hope you can provide me feedback on this. I am currently employed in a Consultancy Company (sort of an agency) and I am deployed in one of their clients. My contract is with the Consultancy Company and I signed it last September 10, 2013. Now, I woud like to resign from the company but my main concern is this clause in the employment contract that I signed that says something like "If the resigning employee fails to comply with the 60-day notice period, he shall pay an amount of 100K something for the damages that the abandoment may cause to the client and to the company".

I dont think I'll be able to render that long as my new employer wanted me to start immediately. I have not received my copy of my contract with the Consultancy COmpany so I was wondering if that agreement is still binding. I have requested for the copy of my contract several times but for some reasons, they have not until now.

Can you please answer the questions below for me:
1. Is the contract binding if I did not receive a copy of the signed agreement?
2. Do you think that the amount of 100K that they're asking is reasonable? I did not receive any kind of trainings so I was wondering where they based that amount from.


Thanks!

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alexisbantilan


Reclusion Perpetua
Inform the management that the labor provision is only 30days, if they insist more than then challenge them that you will file case at DOLE.
But never go AWOL.
Thanks.

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