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Resignation not allowed during maternity leave?

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newmum


Arresto Menor
Hi,

I recently gave birth and during the maternity leave my husband and I decided that I should not go back to work after the leave.

I gave my employer my resignation letter stating that after 30 days notice i will be resigning. 2 weeks after I handed over the letter the HR manager told me that I can not resign during a maternity leave and therefore have to come back to work for at least 30 days after my maternity leave is over.

Is this lawful? We could not find any such note in the labor law which states that a resignation is not allowed during a leave or espeically during a maternity leave.

Thanks for your advice

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attyLLL


moderator
indeed, this is a grey area.

in my opinion, the 30 day notice period exists for the benefit of the employer so that there will be a proper clearance and turn-over of job to a replacement. but most important is to finish work that may be left hanging by your leaving the company.

the company will likely retaliate by withholding your clearance and other docs. they might even file a case for damages, but i would be more on your side on this one unless they can show that they will suffer real damages by your leaving.


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newmum


Arresto Menor
Thanks for the reply.

Well, I understand that the company wants me to stay longer and why that might be. But after allw e have a legally binding contract to follow. And I could not find any law or even side-note that would state such a thing in the Philippine labor law. It clearly says "30 days notice period", regardless if you are on vacation, sick leave or whatever your status might be at that moment.

Would be good to get the opinion of some more of you here on the forum, Thanks already in advance Wink

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newmum


Arresto Menor
Come on there, what are your opinions on this? The thing is still pending and I'd really like your advice and comments Wink Thank you

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Pedro Parkero


Reclusion Perpetua
newmum wrote:Come on there, what are your opinions on this? The thing is still pending and I'd really like your advice and comments Wink Thank you

requiring u 2 work kahit ayaw mo na is involuntary servitude-

so di yan pwede ginagawa sau.

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