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Is immediate resignation is allowed?

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1 Is immediate resignation is allowed? on Sat Jan 26, 2013 4:50 am

joanbelle


Arresto Menor
Hi Atty,

Good day! Pwede po ba ang immediate resignation? what if po kung ayaw pirmahan ng Boss or TL? My friend po kasi ako ayaw na pumasok kasi umabsent kahit nag inform sa TL binigyan po ng NTE for NCNS( no call no show) dineny ng TL na hindi daw nia na receive and text. She is planning to resign immediately since may work na po na iba. Pwede po ba yan? Ang sagot po ng TL nia problema na daw niya yun kung 2 na employer na since hindi namn nag sign ang TL ng resignation niya. Maraming salamat po...

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2 Re: Is immediate resignation is allowed? on Sat Jan 26, 2013 10:15 am

jd888


moderator
Pwede po ba ang immediate resignation?
No, it is not valid since you have to inform them at least thirty days prior to your resignation that you are going to resign. Under Art. 285 of the Labor Code, you have to inform your employer one month in advance before resigning when without a just cause. You are only allowed to resign without the one month notice when there is a just cause. In your case, i believe the incident you cited is not sufficient or just cause that would validate your immediate resignation.

Ang sagot po ng TL nia problema na daw niya yun kung 2 na employer na since hindi namn nag sign ang TL ng resignation niya. Maraming salamat po...
Your superior has the right not to sign it if he/she wishes to. This is because you did not follow the law. However, if you insist that what they did was inhuman and unbearable, then you can use it as an argument to support your immediate resignation.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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3 Re: Is immediate resignation is allowed? on Sat Jan 26, 2013 11:03 am

ms.kat


Arresto Menor
I need help, last January 18,2013 I signed a contract with a catholic school in calamba, then on January 23, I filed a resignation and gave them a letter stating that I am I have medical condition that needed to be attended. I had a talk with the directress and I explained everything to her, I told her that I am also hoping to find a better paying job that can help me with my expenses for my surgery, I said that it can either be teaching in public or if there's no available job in public school I will try online tutoring, she said that she is disappointed but she understand. she accepted my letter but then told me that they will accept my reason but I won't be able to teach for the whole school year in any school or they will file for the cancellation of my license. 
I can't understand why they are making it hard since according to the contract the effectivity of my employment is on May. I believe that resignation should have a 30-day notice but I am resigning with more than 90 days notice. 
Can they really file a cancellation of my license?
Can they really stop me from being employed in other schools?
Can they file any case against me?
I am really afraid because it took me almost 10 years to finish my education and have my license. 
Don 't I have the right resign?
Please help me please

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4 Re: Is immediate resignation is allowed? on Sat Jan 26, 2013 6:37 pm

jd888


moderator
ms. kat your queries is answered on your original post.


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5 Re: Is immediate resignation is allowed? on Tue Jan 29, 2013 1:31 am

joanbelle


Arresto Menor
@jd888: Thank you so much Sir.

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