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Resignation with Pending NTE

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1 Resignation with Pending NTE on Sat May 25, 2013 12:00 pm

TeamT


Arresto Menor
Hi everyone,

I'm hoping I could seek legal advise here since I'm not really sure with what I can do. I receive an NTE last week about an incident 22 days ago. I was caught sleeping on my station in the production area. Now I'm being charge with

1. Lack of commitment or care for the role
2. Willful Misconduct
3. Willful Neglect of Duty

This is the first time that it happened and it was an accident that I fell asleep(I was sitting on my chair in an upright position with my head just tilt). I was really tired that day because I go to work a few hours before my shift (at least 1 hour) and during that time it was already after my shift. The only reason I stayed at work is because I was preparing for the next day's class (which has been a habit for me).

My problem is I'm planning to resign from the company since my position is only temporary and I'm getting an offer from another company with better compensation. Can I resign even with the pending case?

Thank you in advance in reading this much more in answering my question.

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2 Re: Resignation with Pending NTE on Sat May 25, 2013 4:54 pm

attyLLL


moderator
if you really want to resign, then tell them and negotiate a graceful exit.


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3 Re: Resignation with Pending NTE on Thu Jun 06, 2013 11:49 pm

daizee


Arresto Menor
Hi. Good evening po..

I need your help...

I received an NTE due to negligence. A day before ko po na-receive ang NTE i tendered my resignation.. What will happen once masagot ko po yung NTE? pwede ba nila kong i-tag na terminated? .

- sa NTE sinasabi nilang napabayaan ko ang work because I hired an applicant with a pending court case.. nakapagstart na sya sa work bago nalaman na may kaso sya..

- sa ilang months na nagwork ako for the company, matinding stress ang naexexperience ko.. my offer was not explained clearly - hindi nasusunod kung anong nakalagay sa offer.. misleading information sa offer, delayed salary, no explanation about our deductions, lack of support from immediate superior and other bosses... I am willing sana to let this go dahil aalis na ko, pero hindi ko alam bakit ganun.. Kapag ang company may atraso sa employees, they will just ignore you.. kapag ang employee may nagawang mali - unintentional dahil sa matinding stress, babalikan ka pa nila - they will do actions against you.

Do they have the right na-terminate ako even if I already tendered my resignation bago ko nareceive ang NTE?

What are the actions the company can do against me because of negligence?

Hope to hear from you soon..

Thank you

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4 Re: Resignation with Pending NTE on Fri Jun 07, 2013 9:28 am

Patok


Reclusion Perpetua
ano naman kung may pending court case yung applicant? anong koneksyon non sa work nya??

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5 Re: Resignation with Pending NTE on Fri Jun 07, 2013 11:23 am

daizee


Arresto Menor
hi Patok.. good morning.. sabi kasi hindi sya dapat hinire dahil sa case nya na theft.... hindi rin dineclare ng applicant na may pending case sya....

kaya di ko raw dapat hinire ung tao dahil dun nakatanggap ako ng NTE a day after ko magsubmit ng resignation...

di ko alam anong actions pwede nilang gawin sa akin...

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6 Re: Resignation with Pending NTE on Fri Jun 07, 2013 11:25 am

daizee


Arresto Menor
hi Patok.. good morning.. sabi kasi hindi sya dapat hinire dahil sa case nya na theft.... hindi rin dineclare ng applicant na may pending case sya....

kaya di ko raw dapat hinire ung tao dahil dun nakatanggap ako ng NTE a day after ko magsubmit ng resignation...

di ko alam anong actions pwede nilang gawin sa akin...

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7 Re: Resignation with Pending NTE on Fri Jun 07, 2013 11:27 am

Patok


Reclusion Perpetua
hindi naman pala ni disclose.. pano mo malalaman.. kasalanan nung applicant yun..

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8 Re: Resignation with Pending NTE on Fri Jun 07, 2013 11:29 am

daizee


Arresto Menor
sorry po. nag error na-double send ko.. thanks

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9 Re: Resignation with Pending NTE on Fri Jun 07, 2013 11:34 am

daizee


Arresto Menor
yes po. hindi nya dineclare. ang sinasabi ng company namin, negligence ko na pinagumpisa sya ng wala pang background investigation report.. the report was released 3 days after sya magstart....

nakakalungkot lang kasi kahit wala pa kong 1 year i have given all efforts for my job....kahit hindi buo ang support... nakapagwork ako ng more than 6 years, malinis record ko pero with my current company natatawag akong manloloko at nambibiktima because of the irregularities sa company.... tapo, ganito lang aabutin ko....

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10 Re: Resignation with Pending NTE on Mon Jun 10, 2013 7:58 pm

daizee


Arresto Menor
Hi to all,

Good day!

I have another concern, hope you can help me....

I tendered my resignation last week thru email to my boss. He replied and said, kung wala ng makakapigil be it, but I need to focus on looking for a replacement of my people who resignefd as well... Just this week, I told him that I need his signature on my resignation letter tendered last week - confirmation that he was able to receive it... Unexpectedly, he refused to sign it because he will not approve my resignation unless I was able to look for a replacement for my people.. I replied to him that as much as I would want to stay, I have obligations after the effectivity of my resignation..and also told him that I will try to give the support tat he needs but not a guarantee that I can have someone to replace my team.. . He insisted that the company needs to protect it’s business and said that my 30 day notice resignation will not be official unless he approved it.. I understand his point, but how about my protection and right as an employee?

This past few months I have been working under tremendous stress because of several factors at work...

- I would like to know if my boss has the right to hold my voluntary resignation?

- I received an NTE from them a day after I tendered my resignation. I already sent my reply to the NTE issued to me. - Is this a valid reason for them to not approve my 30 day notice resignation?

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11 Resignation without approval on Mon Jun 10, 2013 8:03 pm

daizee


Arresto Menor
Hi to all,

Good day!

I have another concern, hope you can help me....

I tendered my resignation last week thru email to my boss. He replied and said, kung wala ng makakapigil be it, but I need to focus on looking for a replacement of my people who resigned as well... Just this week, I told him that I need his signature on my resignation letter tendered last week - confirmation that he was able to receive it... Unexpectedly, he refused to sign it because he will not approve my resignation unless I was able to look for a replacement for my people.. I replied to him that as much as I would want to stay, I have obligations after the effectivity of my resignation..and also told him that I will try to give the support that he needs but not a guarantee that I can have someone to replace my team.. . He insisted that the company needs to protect it’s business and said that my 30 day notice resignation will not be official unless he approved it.. I understand his point, but how about my protection and right as an employee?

This past few months I have been working under tremendous stress because of several factors at work...

- I would like to know if my boss has the right to hold my voluntary resignation?

- I received an NTE from them a day after I tendered my resignation. I already sent my reply to the NTE issued to me. - Is this a valid reason for them to not approve my 30 day notice resignation?

Please help.....

Thank you

Daizee

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12 Re: Resignation with Pending NTE on Tue Jun 11, 2013 10:36 am

Patok


Reclusion Perpetua
kaya nga may 30 days notice.. so gagamitin mo yun para makahanap nang kapalit mo.. they can not hold you for more than 30 days.. even if they don't acknowledged your resignation letter, the fact is you resigned and you gave them 30 days notice, valid na yun.

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13 Re: Resignation with Pending NTE on Tue Jun 11, 2013 11:53 am

daizee


Arresto Menor
to Patok.. Thank you.... :-)

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