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Sudden Resignation With Notice but Without Cause

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humba


Arresto Menor
We have an employee who resigned from his position same day he left a written notice citing no reason after one month of employment.

Subsequent messages from him 2 days after his "resignation" indicated that he was on his way to Hong Kong with his family for 2 weeks.

The labor code tends to be partial on available reliefs for employees.

So my question is what legal tools do employers have to address these kinds of violations given we are entitled to 30 days notice to avoid disruption to our operations?

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council


Reclusion Perpetua
If you're so inclined, you can file for damages.

Or initially, send him a return-to-work order for his failure to comply with the required notice period.

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Patok


Reclusion Perpetua
you can hold his last salary..

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humba


Arresto Menor
I am assuming this is a civil matter and not criminal.

But how are damages calculated in situations like these?

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attyman


Arresto Menor
in situations like these, damages are calculated by adducing proof that the employer suffered loss(es) due to the EE's resignation. losses may be in the form of the possible profit(s) which the ER could have earned had not the EE resigned to the prejudice of the ER. forgone income could be "quantified" esp if a contract of employment was entered into before the commencement of the EE's work, which sets out the ER's policies and rules, if EE had undergone trainings or seminars, the amount expended for those mentioned could be used as basis for damages. moreover, under our law, damages could be in several forms, ie. moral, actual (this could be your basis), nominal, liquidated(even this one), exemplary and temperate damages. BUT, remember that its always the judge or the Labor arbiter who would determine the existence of damages incurred. therefore, pieces of evidence to support your claim would make or break your case. in short be ready to defend your cause

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attyLLL


moderator
and for those who are wondering. EE is employEE, ER is employER.


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humba


Arresto Menor
Any juris prudence on these things? Its always the poor oppressed "employee" that pervades sample cases.

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attyLLL


moderator
the current practice is for the employer to file a small claims case at the mtc


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