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Immediate Resignation - Personal family reason

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1 Immediate Resignation - Personal family reason on Fri May 08, 2015 10:16 pm

rjungco


Arresto Menor
Hi,

I hope you can help me. I wish to resign as only me and my wife is at home and she just gave a CS birth and it is a long healing. I wish to resign effective immediately from work so I can stay and assit her and our baby.

Bases on on the labor law, you are required to render 30 days else the employer can file damages.

With the reason above, do they still file damages? considering the cost of the CS birth and the health status which I think is insane.

To add, we don't require any of our relative's help as they are in the province and My wife business will be left un-managed if I am away and this is the only source of our income for now.


thanks,


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council


Reclusion Perpetua
rjungco wrote:Hi,

I hope you can help me. I wish to resign as only me and my wife is at home and she just gave a CS birth and it is a long healing. I wish to resign effective immediately from work so I can stay and assit her and our baby.

Bases on on the labor law, you are required to render 30 days else the employer can file damages.

With the reason above, do they still file damages? considering the cost of the CS birth and the health status which I think is insane.

To add, we don't require any of our relative's help as they are in the province and My wife business will be left un-managed if I am away and this is the only source of our income for now.


thanks,



Strictly speaking, the company can file for damages if they want to, since it is their right, as provided for by the labor code.

The LC does not discriminate on what reason you may have when you do not comply with the 30 day notice.

There are 4 general reasons under Article 284 which may allow you to resign immediately without approval - if your situation does not fall under them, then you might be liable to pay the damages.

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.

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