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Resignation and Leave Prior to Resignation

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1 Resignation and Leave Prior to Resignation on Fri Feb 21, 2014 10:50 am

blei3917


Arresto Menor
Good day!

I would like to ask for legal advice. I work at a pharmaceutical company as medical representative for almost 2 years.

I am resigning from my company and may lilipatan na akong iba and it will start earlier than my effectivity date of resignation. My boss made me change the date of my resignation effectivity since the law requires 30 day notice. Now, since my new company requires me to start, I notified my boss that I would be on leave until the effectivity of my resignation but promised in my leave letter that I would do the turnover tasks and endorse everything before I leave.

My boss said that papayagan lang nya yung VL ko if pipirma ako sa agreement na dapat makabenta ako bago ako umalis and if di ko man matupad yung condition nya, need ko daw pumasok until the date of my resignation. I have lots of VL credits which I am entitled to. Ang requirement lang naman ng company sa leave is 1 week notice and I am submitting in compliance to that period.

Iniipit nila kasi ako sa pag-alis ko dahil isa ako sa top employees na nacocontribute ng sales sa company. I informed them that yung lilipatan ko is magstart earlier so magleleave na ako.

Questions:
1. Tama ba yung ginagawa ng company sa pagpigil ng leave ko and pagbigay ng ganung condition?
2. Bawal ba akong magleave kahit entitled ako and sinunod ko naman ang 1 week notice? Wala naman ako nakita sa labor code na once nagtender ng resignation, kailangan mo pumasok until effectivity and bawal magleave.
3. What are my possible options? Ako din naman kasi yung mawawalan ng work if iipitin nila ako umalis. NApakaganda nung opportunity na dumating sakin to let it pass.
4. I notified them that I will be on leave. What are the consequences na hindi na ako pumasok dun sa mga dates na sinabi ko na magleave ako?
5. Would it be better if I file terminal leave without pay instead?
6. Ano ang consequences ng AWOL?
7. Pwede din ba nila hindi ibigay yung hinold nilang salary ko since I tendered my resignation?
8. Napirmahan na yng RL ko pero hindi ko na papasukan yung last 10 days. MEron ba and ano mahahabol ng company sakin?

Please do help me and I would really appreciate your urgent reply on the matter. Thank you very much!

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2 Re: Resignation and Leave Prior to Resignation on Fri Feb 21, 2014 11:15 am

council


Reclusion Perpetua
blei3917 wrote:
2. Bawal ba akong magleave kahit entitled ako and sinunod ko naman ang 1 week notice? Wala naman ako nakita sa labor code na once nagtender ng resignation, kailangan mo pumasok until effectivity and bawal magleave.

Generally hindi pinapayagan ang terminal leave or any leave during the last days of work, for turnover purposes, etc.

And the employers usually say that if you have to complete 30 days at work, if you are not present in those 30 days then it could be interpreted that you were not complying with it.


blei3917 wrote:4. I notified them that I will be on leave. What are the consequences na hindi na ako pumasok dun sa mga dates na sinabi ko na magleave ako?

While you are entitled to take your leaves since they have been earned, any usage is still subject to approval of management. As an example, if you and every employee would insist on using your leaves at the same time, it would impact negatively on the productivity of the company.

blei3917 wrote:5. Would it be better if I file terminal leave without pay instead?

Does your company have policy on terminal leave?


blei3917 wrote:6. Ano ang consequences ng AWOL?

Eventually, termination.

blei3917 wrote:7. Pwede din ba nila hindi ibigay yung hinold nilang salary ko since I tendered my resignation?

They are required to give you all amounts you have earned and are entitled to.

blei3917 wrote:8. Napirmahan na yng RL ko pero hindi ko na papasukan yung last 10 days. MEron ba and ano mahahabol ng company sakin?

What's RL?

Meron man o walang habol ang company, they can make things difficult for you.

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3 Re: Resignation and Leave Prior to Resignation on Fri Feb 21, 2014 11:32 am

blei3917


Arresto Menor
council wrote:
blei3917 wrote:
2. Bawal ba akong magleave kahit entitled ako and sinunod ko naman ang 1 week notice? Wala naman ako nakita sa labor code na once nagtender ng resignation, kailangan mo pumasok until effectivity and bawal magleave.

Generally hindi pinapayagan ang terminal leave or any leave during the last days of work, for turnover purposes, etc.

And the employers usually say that if you have to complete 30 days at work, if you are not present in those 30 days then it could be interpreted that you were not complying with it.


blei3917 wrote:4. I notified them that I will be on leave. What are the consequences na hindi na ako pumasok dun sa mga dates na sinabi ko na magleave ako?

While you are entitled to take your leaves since they have been earned, any usage is still subject to approval of management. As an example, if you and every employee would insist on using your leaves at the same time, it would impact negatively on the productivity of the company.

blei3917 wrote:5. Would it be better if I file terminal leave without pay instead?

Does your company have policy on terminal leave?


blei3917 wrote:6. Ano ang consequences ng AWOL?

Eventually, termination.

blei3917 wrote:7. Pwede din ba nila hindi ibigay yung hinold nilang salary ko since I tendered my resignation?

They are required to give you all amounts you have earned and are entitled to.

blei3917 wrote:8. Napirmahan na yng RL ko pero hindi ko na papasukan yung last 10 days. MEron ba and ano mahahabol ng company sakin?

What's RL?

Meron man o walang habol ang company, they can make things difficult for you.


Thanks for the reply. RL is for resignation letter.

So if I will be absent for 10 days that would be considered AWOL right? And as you said termination and consequence. If AWOL ba, is that a reason para hindi ibigay yung hinold nilang salary ko and other benefits?

Another question:

"Art. 285. Termination by employee.
An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages."

Liable for damages meaning I have to pay them a certain amount of money right? Yung court ba or yung company ang magdedetermine ng damages?

Lastly,

"An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;"

Does the law clearly provide what is inhuman and unbearable treatment? Can I apply this since let's say I can't bear yung pag-ipit na ginagawa ng company and yung unfair application ng policies? Sinabi pa sakin na if si XXX ang aalis agad-agad papayagan namin yan pero ikaw hindi.

Thanks again for the reply.

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4 Re: Resignation and Leave Prior to Resignation on Fri Feb 21, 2014 11:36 am

council


Reclusion Perpetua
blei3917 wrote:

Thanks for the reply. RL is for resignation letter.

So if I will be absent for 10 days that would be considered AWOL right? And as you said termination and consequence. If AWOL ba, is that a reason para hindi ibigay yung hinold nilang salary ko and other benefits?

As i said earlier, you should be paid all the money that is required.

blei3917 wrote:Another question:

"Art. 285. Termination by employee.
An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages."

Liable for damages meaning I have to pay them a certain amount of money right? Yung court ba or yung company ang magdedetermine ng damages?

The amount may be determined by the courts.

blei3917 wrote:Lastly,

"An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;"

Does the law clearly provide what is inhuman and unbearable treatment? Can I apply this since let's say I can't bear yung pag-ipit na ginagawa ng company and yung unfair application ng policies? Sinabi pa sakin na if si XXX ang aalis agad-agad papayagan namin yan pero ikaw hindi.

Thanks again for the reply.

No this might not apply.

They have the right to decide who may be allowed to leave earlier vs those who are required to stay because of the work involved.

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5 Re: Resignation and Leave Prior to Resignation on Fri Feb 21, 2014 11:52 am

blei3917


Arresto Menor
council wrote:
blei3917 wrote:

blei3917 wrote:Another question:

"Art. 285. Termination by employee.
An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages."

Liable for damages meaning I have to pay them a certain amount of money right? Yung court ba or yung company ang magdedetermine ng damages?

The amount may be determined by the courts.

blei3917 wrote:Lastly,

"An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;"

Does the law clearly provide what is inhuman and unbearable treatment? Can I apply this since let's say I can't bear yung pag-ipit na ginagawa ng company and yung unfair application ng policies? Sinabi pa sakin na if si XXX ang aalis agad-agad papayagan namin yan pero ikaw hindi.

Thanks again for the reply.

No this might not apply.

They have the right to decide who may be allowed to leave earlier vs those who are required to stay because of the work involved.

With regard to being liable for damages, how will I go about this? Do I inform the company through letter that I would resign immediately and be responsible for damages as determined by the courts. I read somewhere kasi na for the company claim damages, dadaan daw sa court. Tama ba yun?

Dun naman sa last question ko, same lang kami ng team and position ni XXX. It's just that mas okay performance ko and mas nakakabenta ako kaya they can't let me go. I think it's unfair.

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