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Immediate resignation

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1 Immediate resignation on Fri Nov 19, 2010 4:51 pm

aktibista


Arresto Menor
Mga Atty, halos mag-aapat na buwan na akong hindi nakakatanggap ng sahod galing sa kumpanya dahil wala na po silang pang-sweldo. Ang status ko po ay consultant at hindi regular employee. Nag-submit po ako ng resignation letter mga isang buwan na ang nakalilipas via email kaya wala akong receipt. Ngayon po, pinagbabantaan po nila ako ng legal action pag hindi ko daw po na-turnover ang mga dokumento o impormasyon na kailangan nila. Ano po ang puede kong gawin?

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2 Re: Immediate resignation on Sat Nov 20, 2010 8:02 am

attyLLL


moderator
the proper thing to do is make a proper turn over; you should not leverage this, but you can try to negotiate with them regarding your pay.

your remedy for your pay is to file a complaint at nlrc.


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3 Re: Immediate resignation on Sat Nov 20, 2010 9:02 am

aktibista


Arresto Menor
Salamat po ng marami @attyLLL! Ano po ang chances na makukuha ko pa ang back wages ko sa kumpanya pag nireklamo ko po ito sa NLRC?

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4 Re: Immediate resignation on Sat Nov 20, 2010 7:43 pm

resjudicata


Arresto Mayor
Aktibista: You may send your resignation letter thru the regular mode of serving letters or notice so that you can obtain proof that they have received your letter which should also contain your demand for unclaimed backwages. Also, go back to the provisions of your contract with the former employer, so that you will be properly guided in your next move.

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5 Re: Immediate resignation on Mon Nov 22, 2010 10:22 am

aktibista


Arresto Menor
resjudicata: Salamat sa iyong suhestyon! Hindi ba sapat ang email pag nagsa-submit ng resignation o hind ba siya sapat para iharap sa korte?

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6 Re: Immediate resignation on Mon Nov 22, 2010 1:14 pm

attyLLL


moderator
email can be considered valid, but i recommend you hand in a hard copy resignation. i forgot to state that you have to give a 30 day notice before it is effective else the company will have cause to sue you for damages.


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7 Re: Immediate resignation on Mon Nov 22, 2010 9:08 pm

aktibista


Arresto Menor
Kailangan po ba ng 30 day notice kahit na wala ka nang natatanggap na sweldo?

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8 Re: Immediate resignation on Tue Nov 23, 2010 9:11 pm

attyLLL


moderator
it is not stated clearly in the labor code that this is one of the situations where notice is no longer necessary, but it appears to be an analogous situation. just be aware of the risk.


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9 IMPLICATIONS OF NOT SIGNING THE PAYROLL... on Thu Dec 09, 2010 5:34 pm

giecela


Arresto Menor
Is an employee violating anything if it continuously refuses to sign the company payroll as proof that she has received her salary through her atm? What can the company charge the employee? Thanks for the advise.

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10 Re: Immediate resignation on Thu Dec 09, 2010 5:50 pm

attyLLL


moderator
why is there a refusal to sign the payroll?


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11 Re: Immediate resignation on Tue Dec 21, 2010 12:17 am

siriusblack19


Arresto Menor
Atty, ano po ba ang liability mo kung hindi na fall sa 30 day notice ang resignation mo? pwede po ba nilang ma hold ang clearance mo sa kanila? thank you po... i'll be resigning po with 5 day notice lg...

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12 Re: Immediate resignation on Tue Dec 21, 2010 9:58 pm

attyLLL


moderator
you'll be surprised that there is no legally demandable right to a clearance. if they won't issue one to you, there is no remedy.

liability depends on what damages they are able to prove by your immediate resignation.


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13 Re: Immediate resignation on Wed Dec 22, 2010 1:33 pm

siriusblack19


Arresto Menor
ganun po ba atty? hindi po ba yun unfair? kasi sa company where i am going to transfer they require me a clearance from my previous employer. alam po ba ng lahat na HR staff ito? anyways thank you po atty. you are helping us a lot here.

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14 Re: Immediate resignation on Wed Dec 22, 2010 10:39 pm

attyLLL


moderator
yes, it is unfair, but there is no provision in the labor code. what i recommend to you is to negotiate a graceful exit with a threat that you will file a case if they don't give you your docs.


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15 Re: Immediate resignation Today at 5:53 am

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