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Need legal Advice :(

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1 Need legal Advice :( on Mon Mar 03, 2014 8:51 pm

spicybaby


Arresto Menor
I was absent for 2 days because my brother got hospitalized ( ako po un immediate guardian and breadwinner ng pamilya) When I returned to work binigay ko lahat ng docs as a proof that my brother got hospitalized (medcert precriptions and lab results). Then un supervisor ko told me na I will get suspended for 5days because of my absences and dahil ito daw un nasa attendance policy. I told her na may mga docs naman ako so bkit ako masusupend. Sabi nia regardless its on the policy.. And aside from that she asked me to see a doctor and ask for a fit to work which I did after shift (its a bpo type of company) she also told me na d ako pwede pumasok without fot to work. I went to 3 doctors pero pareho sinabi nila saken.. They cant issue  a fit to work kc wala naman daw ako sakit and obviously im fit to work. Thats when I started to get upset kc bukod sa wala na ako fit to.work to present another 10day suspension daw ang nakaabang saken for not coming in to work.. So I decided to resign effective feb 21 2014 irrevocable and immediate.

Then friday my superior texted me again na hindi daw tinanggap ng operations manager un resignation ko. Tapos monday even sa social media(facebook) she told me na I have to render 30days or mawalan lahat ng pinaghirapan ko sa company namen. 

Monday I received a return to work order.. Kinausap ko un hr manager informing that its irrevocable and I can no longer render 30days dahil.emotionally disturbed na ako. And also the hr manager said they already have my resignation letter. Sabi nila they will talk to my ops manager.. 

Tapos ngaun I got another return to work order. Ano po ang ggwin ko kc pinipilit pa rin nila ako papasukin kahit na alam nilang effective ng resignation ko ay feb 21 pa and its stated that its irrevocable and immediate. 

I wasnt able to ask for a signed docs as a proof that they received it but I have my time stamps thru email..

Tama na po ba na nasa Hr na ang letter ko. Ano po ang dapat kong gawin. Hindi na po talaga ako motivated magwork dahil sa nangyari.

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2 Re: Need legal Advice :( on Tue Mar 04, 2014 6:22 am

council


Reclusion Perpetua
spicybaby wrote:I was absent for 2 days because my brother got hospitalized ( ako po un immediate guardian and breadwinner ng pamilya) When I returned to work binigay ko lahat ng docs as a proof that my brother got hospitalized (medcert precriptions and lab results). Then un supervisor ko told me na I will get suspended for 5days because of my absences and dahil ito daw un nasa attendance policy. I told her na may mga docs naman ako so bkit ako masusupend. Sabi nia regardless its on the policy.. And aside from that she asked me to see a doctor and ask for a fit to work which I did after shift (its a bpo type of company) she also told me na d ako pwede pumasok without fot to work. I went to 3 doctors pero pareho sinabi nila saken.. They cant issue  a fit to work kc wala naman daw ako sakit and obviously im fit to work. Thats when I started to get upset kc bukod sa wala na ako fit to.work to present another 10day suspension daw ang nakaabang saken for not coming in to work.. So I decided to resign effective feb 21 2014 irrevocable and immediate.

Then friday my superior texted me again na hindi daw tinanggap ng operations manager un resignation ko. Tapos monday even sa social media(facebook) she told me na I have to render 30days or mawalan lahat ng pinaghirapan ko sa company namen. 

Monday I received a return to work order.. Kinausap ko un hr manager informing that its irrevocable and I can no longer render 30days dahil.emotionally disturbed na ako. And also the hr manager said they already have my resignation letter. Sabi nila they will talk to my ops manager.. 

Tapos ngaun I got another return to work order. Ano po ang ggwin ko kc pinipilit pa rin nila ako papasukin kahit na alam nilang effective ng resignation ko ay feb 21 pa and its stated that its irrevocable and immediate. 

I wasnt able to ask for a signed docs as a proof that they received it but I have my time stamps thru email..

Tama na po ba na nasa Hr na ang letter ko. Ano po ang dapat kong gawin. Hindi na po talaga ako motivated magwork dahil sa nangyari.

You can only resign immediately under 4 situations listed in subpar (b) below -

ART. 285. Termination by employee. - (a) 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.

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

1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

4. Other causes analogous to any of the foregoing.

If none of these are present in your situation, then you are required to provide 30 days' notice. Failure to do so gives the company the right to issue the RTW order. And you must comply.

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3 Re: Need legal Advice :( on Tue Mar 04, 2014 2:51 pm

spicybaby


Arresto Menor
Thank you po sa nag response.

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4 Re: Need legal Advice :( on Sat Mar 08, 2014 2:03 pm

vane


Prision Mayor
its okay not to render 30 days notice provided that the said resignation is duly approved by the management

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5 Re: Need legal Advice :( Today at 11:58 am

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