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Resignation: less than 30 days.. terminable?

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1 Resignation: less than 30 days.. terminable? on Thu Dec 20, 2012 2:10 pm


Arresto Menor

Case Closed

Last edited by ms.principled on Fri Dec 21, 2012 4:10 pm; edited 1 time in total

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Reclusion Perpetua
they may allow but in your case they did not allow it.

resignation should be at least 30 days notice to avoid any complications.

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Reclusion Perpetua
ms.principled wrote:
1. Can the company still terminate me after I already submitted my resignation letter stating clearly my last day? I even extended another week for possible negotiations, but they didnt negotiate.

The labor code is clear.

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.

ms.principled wrote:2. Can they use the 30 day policy to deny my immediate resignation, when it is written in the same contract that they can allow it?

They can allow - meaning it is within their scope (discretion) what to consider as allowable.

It does not say that they SHOULD allow rather it's CAN allow (meaning: pwede - not necessarily dapat)

ms.principled wrote:3. If they never informed me that I still need to report for work, and the only response they are giving me is "we cant allow immediate resignation" with no other explanation, is it really an NCNS incident?

The non-acceptance of the resignation implies you still have to work. Since you did not, and they had to serve a return to work notice, you really were on NCNS.

ms.principled wrote:I want to use the argument written in the contract that they can allow resignation with immediate effect, beacuse they didnt give me any valid explanation why they cant.

They are not required to give any valid explanation. You are required to give a valid (acceptable) reason for leaving without fulfilling the provisions of your contract.

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Arresto Menor
My case is closed.

Eventually, they did allow my immediate resignation.
My status was: Voluntary Resignation.
Consequence: not eligible for rehire since I did not render complete 30 days.

Thank you guys for your inputs and feedbacks.

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