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Clearance after resignation

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1 Clearance after resignation on Wed Aug 13, 2014 3:30 pm

EMPREL110415


Arresto Menor
Good Afternoon.

An employee failed to render 30-day notice upon filing her approved resignation, instead she applied for a terminal leave for 1.5 weeks.  This was also approved accordingly.  Her resignation took effect on June 30, and started employment with a new company effective July 1.

She is yet to finish the processing of her clearance, but was REQUIRED by the former company to give at least 3 WEEKS to finish clearance requirements.  The former employee sought approval for leave from her new company, but was only generously given 4 days.  She informed her former company that she can facilitate whatever needs to be done in her granted 4-day leave, but her former employer demands 3 weeks of her time.

Can an employer go after a resigned employee whose resignation was duly approved?

Looking forward to your valuable advise.

Thank you.

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2 Re: Clearance after resignation on Wed Aug 13, 2014 4:01 pm

council


Reclusion Perpetua
What's the point of 3 weeks for clearance purposes?

The resignation was approved so if the company wanted to have the former employee stay for 3 weeks for "clearance" purposes then they shoiuld not have allowed the terminal leave.

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3 Re: Clearance after resignation on Wed Aug 13, 2014 4:46 pm

EMPREL110415


Arresto Menor
They said that that is the usual time required by the clearance process.

How should the employee revert to her former employer?

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4 Re: Clearance after resignation on Wed Aug 13, 2014 7:49 pm

council


Reclusion Perpetua
ano yan?

pag nagpa-clearance nandun dapat?

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5 Re: Clearance after resignation on Tue Aug 19, 2014 3:35 pm

ayapjay


Arresto Menor
Good Day AttyLLL,

I am Jay, I resign last January 30 this year, I work almost 4years and follow-up my back pay last July 2014 and then legal said my back pay only 3K and I cant get my COE since I have a loan to my employer? as per legal 1st need to settle my loan before i get the COE, that be possible Atty.?

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6 Re: Clearance after resignation on Tue Aug 19, 2014 5:24 pm

council


Reclusion Perpetua
ayapjay wrote:Good Day AttyLLL,

I am Jay, I resign last January 30 this year, I work almost 4years and follow-up my back pay last July 2014 and then legal said my back pay only 3K and I cant get my COE since I have a loan to my employer? as per legal 1st need to settle my loan before  i get the COE, that be possible Atty.?

Possible yan since hindi ka pa cleared.

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7 Re: Clearance after resignation on Thu Aug 21, 2014 11:01 pm

kyo14


Arresto Menor
if nag cclearance po ba need pa din magwork? or dapat puro clearance na lang ang gawin? thank you ^_^

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8 Re: Clearance after resignation on Fri Aug 22, 2014 7:53 am

council


Reclusion Perpetua
kyo14 wrote:if nag cclearance po ba need pa din magwork? or dapat puro clearance na lang ang gawin? thank you ^_^

Dapat nagpapapirma ng clearance pag hindi na pumapasok.

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9 Re: Clearance after resignation on Fri Aug 22, 2014 11:19 pm

kyo14


Arresto Menor
dpat po hanggang aug 30 pa ako pero pinag clearance na po kami..

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