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Termination after resigning due to double employment

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joan83


Arresto Menor
Hi,
I have a employment contract with my current employer saying that I should give them 60 days written notice before resigning.

• That on May 02, I tendered my resignation with an effectivity date of May 30, 2013
• When I submitted the same I was advised by my manager that I needed to comply with the 60 day notice period as I was covered by such. She amended the letter to reflect June 30 as my new effectivity date
• I tried to negotiate for an earlier effectvity date since there is nothing to be transitioned.
• While serving my notice period, I started already with my new company with an effectivity date of May 14.
• Even though I am already starting with my new employer, I still report to work from 6:00 pm to 10:00 pm.

HR of my current company told me that this arrangement is not acceptable and I can be hold liable for double employment.They also told me that I can be terminated even though I resigned first. They want me to push back my employment with my new employer which I cannot agree.Kindly help me with my situation. What are the consequences and what can be my legal remedy.

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Patok


Reclusion Perpetua
you can contest the 60 days they are asking as you said as you are not doing anything naman so why do 60 days.. standard is 30 days only..

however, you shouldn't have started with the new company last May 14 dahil employed ka pa nga kahit 30 days lang bigay mo hanggang May 31 ka pa dapat..

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joan83


Arresto Menor
The only reason they are holding me for 60 days is baka daw gayahin ng iba na pwede naman na 30 days pla despite the contract.Can they terminate me for this?Can they contact my new employer regarding my situation and result to my nonregularization? Will they hold my 2316 and pay? Thanks ha. The position with my new employer is urgent kaya I agreed na rin khit na full time ako sa new employer and half day sa old (using my avail VL).

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vane


Prision Mayor
kung gayahin man ng iba, its their problem na..30 days lang ang dapat unless your position is that sensitive.kahit pa nakalagay sa contract na si-nign mo is 60 days, the contract will be considered void, labag kasi sa batas yung naka indicate dun. bakit naman nila iho-hold?.okay na ba clearance mo?.



Last edited by vane on Fri May 31, 2013 9:53 am; edited 1 time in total

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Patok


Reclusion Perpetua
no position is urgent.. alam naman nang new employer mo na 30 days notice ang standard.. di ka dapat nag start don nang May 14..

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