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needs advice on resignation during contractual period

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wanderwoman


Arresto Menor
Good day attorneys and legal advisers.. would like to seek your opinion on this matter. here are the facts..

1. 3 months contract was given to me last March. 
2. in the contract, it states that there will be a performance appraisal on the 2nd month
3. the performance appraisal was given to me after the 3mos contract ended
4. they gave me a 1 month extension to prove myself
*they gave a poor rating in the evaluation/ appraisal which I think was unfairly done, but I had to sign it so that the contract will go on and I can get my salary for that cut off
5. I filed a resignation with immediate effect last week and I didn't come to work starting the following day 
*before I left, I prepared the pertinent documents needed to be turned over so that they won;t have anything against me
6. a notice was sent to my address today stating that my request to waive the notice period in my resignation was not approved and they mentioned about the 1 month extension that I signed. they are asking me to report again to work with the reason of for proper turn over, or else it will be breach of contract

What I feel is that they are just threatening me with the letter. I want to know if there's really a chance that they can file a case against me given the situation?

Hoping for your immediate response. Thank you.

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Patok


Reclusion Perpetua
resignation must be 30 days notice.

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wanderwoman


Arresto Menor
Patok wrote:resignation must be 30 days notice.


I understand that the standard notice is 30 days, however, I indicated in the letter that I am requesting to waive the notice period. Is this still upon their approval? and is it even legal for them to file breach of contract even if I didn't do any damage during my tenure? 

Well, the main reason I resigned with short notice is the working condition. It has not been a conducive place for me to work, especially considering that they have unjustly given me a poor rating in my evaluation. And for them to say that they are giving me a 1 month extension to prove myself is just pakitang-tao. Why? Because their treatment has been very unprofessional. They do not include me in meetings and my boss hasn't talked to me for weeks when in fact we usually talk almost every other day. And the HR has even gotten worse to tell other employees of my so called one month extension, when it should've been something CONFIDENTIAL. Everything's a total mess. They can't blame me for leaving at short notice. 

Now, I just want to know, kung meron ba talaga silang habol sa akin or this is just to threaten me? 

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Patok


Reclusion Perpetua
you can request for immediate resignation.. but as you said, it's for their approval.. if they deny it.. you have to render 30 days..

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wanderwoman


Arresto Menor
Patok wrote:you can request for immediate resignation.. but as you said, it's for their approval.. if they deny it.. you have to render 30 days..


Okay, so I guess I have to consider that they really have the right to hold me for the remaining days of my contract (but this is less than 30days already). But here's the scenario, another reason why the timing of my resignation was the recent pay day is that based from the feedback of employees who have left the company, pinapahirapan nila ang clearance process to the point na ikaw na mag give up na makuha yung backpay at clearance mo. And that's what I want to avoid. Ayoko magpagamit sa kanila during may last few days which is now eto yung gusto nilang ipasok ko pa. I don't like the idea na uutakan nila ako and say that they want me to report for work to perform "proper turn over".  

So what should I do? I mean, if I report for work, wala naman na din akong gagawin dun sa totoo lang, like what I mentioned earlier dinadaan daananan na lang naman nila ako dun. I'd rather use my resources to look for another job than waste my time inside that office.

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Patok


Reclusion Perpetua
kahit wala kang gagawin.. you still have to render 30 days notice..

don sa last pay.. after clearance and di pa nila binibigay you can file money claim at DOLE.

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