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Force resignation instead of termination

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1 Force resignation instead of termination on Sun Dec 08, 2013 7:48 pm

pampy


Arresto Menor
Good evening!

I just want to seek for a legal advice regarding FORCE RESIGNATION ,actually my concern is not just for myself because there were many employees affected. We are working in a private company and we had been evaluated and personally talked by the management. Based from their evaluation wherein we were all given a failed result, that we will be terminated or otherwise we voluntarily file our resignation instead. But we are not a casual or probationary employee, we're all regular employees. And as far as my understanding on employees rights, performance evaluation cannot be a basis of termination of employment, instead it is the basis used for merit increase or salary adjustments.

I just want to know if we are entitled for a severance pay on this case, since there were no due process given to us. We are trying to ask for it to our management but they insist that we are not entitled for that. It was just right after they discuss our individual evaluation and given us the option of resigning in order not to be terminated.

Please help us regarding this matter, for us to fight our personal rights as employee.

Hoping for your immediate response regarding our concern.

Thank you so much and more power!

Advance Merry Christmas! Although we cannot experience a merry holiday this year!

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2 Re: Force resignation instead of termination on Mon Dec 09, 2013 11:32 am

Patok


Reclusion Perpetua
who said that performance evaluation can not be a basis of termination?  If you are not doing your job properly, the company has all the right to terminate your services provided that they follow due process..

so in your case, they ask you to resign or get terminated.. if you don't want to resign, then the company will push thru with due process and you will be terminated.

and termination by just cause doesn't merit any separation pay.

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3 Re: Force resignation instead of termination on Mon Dec 09, 2013 5:42 pm

attyLLL


moderator
you are not entitled to severance pay, but you don't have to resign. you can contest the basis for termination


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4 Re: Force resignation instead of termination on Mon Dec 16, 2013 4:51 pm

manager


Arresto Menor
Hi. Kinakasuhan ako ng ofc abuse of power & abandonment of work dhil humingi ako ng pabor sa staff ko. Grounds po ba un for termination? Can the company forced the staff to do a report against me kahit labag sa kalooban nya? Please advise po.

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5 Re: Force resignation instead of termination on Mon Dec 16, 2013 5:43 pm

HR Adviser


Reclusion Perpetua
what favor did you ask your staff?

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6 Re: Force resignation instead of termination on Mon Dec 16, 2013 6:48 pm

alexisbantilan


Reclusion Perpetua
Eto yung pinag swipe sya ng staff nya for Credit card transactions. Sabi ko nga as a manager, you are bound by rules din. Conflict of interest ksi magiging mangyari later on ksi binigyan ka pabor ng staff mo na maki swipe ka sa card nya. later on pag staff mo namn henge pabor syempre bilang ganti pagbibigyan mo din yun dba?

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7 Re: Force resignation instead of termination on Mon Dec 16, 2013 6:48 pm

alexisbantilan


Reclusion Perpetua
A managerial position must maintain a higher degree of integrity. Your act of getting loan thru your staff may create a conflict in your integrity. Likewise a conflict of interest may arise later on because you got favor from your staff later on your staff needs your favor too, what shall you do??Grant it.

If you really need to do that, better make it secret with your staff only and you. Why it became viral?Does anyone knows it also?

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8 Re: Force resignation instead of termination on Tue Dec 17, 2013 7:14 pm

leigh2013


Arresto Menor
Hello, this is my first time to join a forum. Just I want an advice, a legal advice. Regarding my employment, recently they advised me to Resigned due to my tardiness, just lates. And if I wont do that, they will terminate my employment. I know its my fault also, they served my 12 days suspension last Nov 22, 2013, for the month of October 2013 DTR. And HR said they're giving me a favor so that my record will not be bad, that's why they advised me to resigned without due process, without documents just verbally. The only document was my 12 days suspension memo and i have it photocopy. Just I want to seek an advice, what am I going to do? Thank you and God bless!!

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9 Re: Force resignation instead of termination on Tue Dec 17, 2013 9:31 pm

HR Adviser


Reclusion Perpetua
Check your company policy regarding tardiness. If you have reached the maximum number of late for the year, I guess it is better to resign. If not, try bargaining for another opportunity.

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