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please help!! a resigned employee forcing to stay & threating in holding departure

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bluechai


Arresto Menor
I filed my resignation last Feb. 20, 2013 & the effectivity is on March 3O. Due to I find a work abroad. I gave my letter to our HR Dept. They gave my letter to our boss a week after they recieved my resignation because they can't find a good way to give the letter. Our HR Manager told me that our boss read already my letter.

Last March 26, our HR Manager called me up because our boss was very angry at me. I went inside my boss room. She's shouting & pinpointing at me. "If I say you can't leave, you cannot leave". "I am not a stupid boss" "So do not make stupidy on me". "I can hold your departure mark my word". "Hindi ka aalis hanggat wala kang nai train na kapalit mo".

After that incident, our HR Manager talked to me. She said that my position is crutial. They find difficulty in hiring for my replacement. They just hired my replacement March 27. They want me to stay in the company for 2 months to train my replacement.

Maybe next or two weeks from now I will have my plane ticket. I remember before, I signed the companies contract that 60 days lead time prior for resignation.

I've done all they want in my days of tenure in our company. I settled all my liquidations. My only lapse is that hindi ko napa pirmahan sa HR Manager namin un resignation letter ko. Patunay na natanggap niya ito. Hindi sila agad umaksyon ng binigay ko ang resignation letter. Parang bale wala lang.

What will I do? DO my boss have the right to hold my departure? Makakasuhan ba nila ako kung di ko masusunod yung 2 months na pagstay ko pa sa company? Ma-iviolate ko ba yung contract na napirmahan ko nuon na 60 days lead time for resignation?

Na trauma po ako sa nangyari sa akin. Hindi na po ako nakakatulog sa mga nangyari. Natatakot po ako kasi maimpluwensyang pamilya ang boss ko.

Ano po ang gagawin ko?

Salamat po.

Bluechai

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attyLLL


moderator
i don't think he can hold your departure, and as per the labor code you only need to render 30 days notice unless the the dole lists your position as critical.


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bluechai


Arresto Menor
Sir good evening!

Salamat po sa advice. Tanong ko po, hindi ko ba ma-violate yung contract ko before na 60 days lead time prior for resignation? Hindi po nila ako makakasuhan ng damage sa company? Ok na po ba na umalis agad ako agad sa company pagdumating na plane ticket ko?

Marami po ulit salamat!!

Bluechai

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attyLLL


moderator
imo, if they do file a complaint, you can use the labor code as a defense.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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bluechai


Arresto Menor
Thank you Sir!!

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