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possible damages for failure to pass 30-day notice resignation letter

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tangadsangig


Arresto Menor
Book 6 of Labor Code. Post Employment Art. 285 says:
a.  An employee may terminate without just cause the employee-employer relationship by serving a written notice on the epmloyer at least one (1) month in advance.  The employer upon whom no such notice was served may hold the employee liable for damages.

I represent the employer. I would like to stop this rampant practice by most resigning employees to tender "effective today" or "effective immediately" resignation letters. What can the company possibly do that is legally right.

What damages can I hold the employee, who fails to notify 30-days in advance, liable?

Can I include these as deduction in his final pay?

Would it be right legally, not to issue him a certification of employment if he fails the 30-day notice?

Can I write a reply-letter not accepting such immediate resignation and if he proceeds with the immediate resignation he would be AWOL and by AWOL, the company has the right not to issue him certificate of employment?

Any more suggestions please.

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council


Reclusion Perpetua
tangadsangig wrote:Book 6 of Labor Code. Post Employment Art. 285 says:
a.  An employee may terminate without just cause the employee-employer relationship by serving a written notice on the epmloyer at least one (1) month in advance.  The employer upon whom no such notice was served may hold the employee liable for damages.

I represent the employer. I would like to stop this rampant practice by most resigning employees to tender "effective today" or "effective immediately" resignation letters. What can the company possibly do that is legally right.

What damages can I hold the employee, who fails to notify 30-days in advance, liable?

File for damages in court or consult DOLE on this. You have to prove it first and they will determine the cost, if any.

tangadsangig wrote:Can I include these as deduction in his final pay?

Only if it is in the contract and the amount is reasonable.

tangadsangig wrote:Would it be right legally, not to issue him a certification of employment if he fails the 30-day notice?

No. The person was employed and is entitled to it. This is a document stating fact only, not a clearance form.

tangadsangig wrote:Can I write a reply-letter not accepting such immediate resignation and if he proceeds with the immediate resignation he would be AWOL and by AWOL, the company has the right not to issue him certificate of employment?

Any more suggestions please.

AWOL would be proper if the resignation is not approved, however the COE should be issued - though you may require the employee to process his clearance documents first.

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Patok


Reclusion Perpetua
usually the employer holds the last pay, form 2316 and COE if the employee doesn't render 30 days notice.

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tangadsangig


Arresto Menor
AWOL would be proper if the resignation is not approved, however the COE should be issued - though you may require the employee to process his clearance documents first.

Thank you for enlightening me about clearance documents, ours is only a small company and the clearance part is what we don't have. I think this document will help.

Can I include in the COE's second paragraph that he has delinquencies or that he is not yet cleared from our company if not able to process clearance docs?

If for example, the employee did proceed with his immediate termination therefore AWOL, and then he comes back after 30 days and by then he's able to process his clearance documents, can he now claim all necessary last pays (i.e. 13th month, tax refund, last pay)? If so, the AWOL would not matter so much anymore, does it? The company cannot have its "revenge" unless company files damages in court, which I think is last resort as it can be stressful.



Last edited by tangadsangig on Tue Mar 25, 2014 6:06 pm; edited 1 time in total

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HR Adviser


Reclusion Perpetua
1. Do not accept resignation that states effective immediately
2. If they insist and go AWOL, send notice to explain and return to work order. If they failed to reply, send them a termination notice
3. DECLARE THE TERMINATION in DOLE (file the RKKS form)
4. If they return for clearance, just process their clearance and give their payable e.g last pay, pro-rated 13 month etc. You are not oblige to give them COE since they are terminated with a cause
5. If you want have your "revenge" and make your life stressful, that's totally up to you

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council


Reclusion Perpetua
HR Adviser wrote:
4. If they return for clearance, just process their clearance and give their payable e.g last pay, pro-rated 13 month etc. You are not oblige to give them COE since they are terminated with a cause

I beg to disagree with this point.

The person was employed and there is proof of that, so he is entitled to a COE (Certificate of Employment) which is a statement of fact, not a clearance form.

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HR Adviser


Reclusion Perpetua
It may be a fact but it is also a fact that the employee has been terminated.

Well, the company can provide the COE but HR have to indicate that the employee had been terminated or else other HR might think that the employee had a graceful exit since he had a COE.

Which I believe is useless since rarely do company hire employees with Terminated status


Smile

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council


Reclusion Perpetua
HR Adviser wrote:It may be a fact but it is also a fact that the employee has been terminated.

Well, the company can provide the COE but HR have to indicate that the employee had been terminated or else other HR might think that the employee had a graceful exit since he had a COE.

Which I believe is useless since rarely do company hire employees with Terminated status


Smile

Stating fact does not have to mention about termination or anything else. We cannot assume non-termination from a COE. Besides, when a person applies in a new company, the questionnaire always asks for the reason for leaving. If he does not tell the truth then he may be liable.

Sample template of a COE from all companies I've been with:


This is to certify that <> was under the employ of <> from <> to <> as a <>.

He received a monthly (or annual) salary of <> (including bonuses and 13th month pay).

This certification is being issued to <> upon his written request for whatever legal purpose this may serve.

I've been in many hearings at NLRC and have confirmed with the arbiters I have met there that a COE is not an assurance of a clean exit from a company. It just proves that he was employed there.



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tangadsangig


Arresto Menor
HR Adviser wrote:1. Do not accept resignation that states effective immediately
2. If they insist and go AWOL, send notice to explain and return to work order. If they failed to reply, send them a termination notice
3. DECLARE THE TERMINATION in DOLE (file the RKKS form)
4. If they return for clearance, just process their clearance and give their payable e.g last pay, pro-rated 13 month etc. You are not oblige to give them COE since they are terminated with a cause
5. If you want have your "revenge" and make your life stressful, that's totally up to you

Points 2 - 3. are fairly okay and not so stressful, as we have been doing that since for AWOL people, however the managers need to be briefed about point 1. For point 4 maybe I could include cause of termination in the next paragraph of his COE. It still tells about his employment.

By revenge I meant making their lives stressful not mine. Smile

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spy1581


Arresto Menor
does ITR can be given to employee rendered immediate resignation?

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council


Reclusion Perpetua
spy1581 wrote:does ITR can be given to employee rendered immediate resignation?

Yes, since may sweldo sya sa inyo at kailangan din patunayan ng kumpanya na tama ang binawas na buwis.

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