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Immediate resignation due to health reasons

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1 Immediate resignation due to health reasons on Wed May 20, 2015 10:35 pm

rurel26


Arresto Menor
Hi, i am working in a certain bpo for 1 year plus. I applied for promotion as a workforce manager and is currently on probationary but due to health reasons i had been absent for more than a week but whilst absent i diligently notify my immediate supervisor and made sure that i have medical certificates to support my absence.

My probationary will end May 26th but my supervisor opted not to regularize me because of my absences and that i will be moved back as an agent in the company. I then decided to inform our HR dept that i would like to resign instead effective immediately. HR said that if i will resign immediately, it will be a breach of contract and that my last pay will be deducted 22 days.

My question then is that, is my action to immediately resign due to health reasons a breach of contract and is deducting 22 days out of my last pay valid? Thank you so much for your help!

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council


Reclusion Perpetua
rurel26 wrote:Hi, i am working in a certain bpo for 1 year plus. I applied for promotion as a workforce manager and is currently on probationary but due to health reasons i had been absent for more than a week but whilst absent i diligently notify my immediate supervisor and made sure that i have medical certificates to support my absence.

My probationary will end May 26th but my supervisor opted not to regularize me because of my absences and that i will be moved back as an agent in the company. I then decided to inform our HR dept that i would like to resign instead effective immediately. HR said that if i will resign immediately, it will be a breach of contract and that my last pay will be deducted 22 days.

My question then is that, is my action to immediately resign due to health reasons a breach of contract and is deducting 22 days out of my last pay valid?  Thank you so much for your help!

Strictly speaking, yes.

As per Art 285 (b) of the LC, you can only have an immediate resignation for 4 valid reasons (or if the company allows it) -


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.

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LandOwner12


Reclusion Perpetua
paano ang computation ng 22 days?

mas maganda, mag render ka ng 30 days,

gamitin ang days nato, paghanap ng bagong work...

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