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Immediate Resignation

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1 Immediate Resignation on Mon Jun 01, 2015 8:13 pm

roalfb


Arresto Menor
Hi everyone,

I'm here to seek some advice regarding resignation.

I have a friend who want to resign effective immediately or 5 days upon giving his resignation letter but the company is demanding a 30-day notice.

Now I've learned that without the 30-day notice, he may be held liable for damages, but also there are instances where a notice is not needed. Instances are as follows:

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.

Now here are my questions:

1. What could be the damages if the 30-day notice is not presented.

2. What other causes/cases can be used that are analogous to the 3 instances stated above.

3. Can a long and demanding working hours (9am - 10-11pm) be a valid reason for not being able to give a 30-day notice because you're tired and stressed out that you don't want to strain yourself anymore.

Can someone please provide us with some legal advice? Thank you.

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2 Re: Immediate Resignation on Tue Jun 02, 2015 11:38 am

council


Reclusion Perpetua
roalfb wrote:

1. What could be the damages if the 30-day notice is not presented.

2. What other causes/cases can be used that are analogous to the 3 instances stated above.

3. Can a long and demanding working hours (9am - 10-11pm) be a valid reason for not being able to give a 30-day notice because you're tired and stressed out that you don't want to strain yourself anymore.

Can someone please provide us with some legal advice? Thank you.

1. Damages - Cost of hiring and training a replacement and/or Nominal damages as determined by the court. Maybe even moral, liquidated, punitive damages - all depending also on what the company wants to do.

2. All depends really on how these causes can be presented, but it may be tough.

3. No. As long as the employee is paid properly for those times.

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