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Conflict of Interest or Breach of Contract?

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1 Conflict of Interest or Breach of Contract? on Wed Jun 10, 2015 10:12 pm

jmar_404


Arresto Menor
I am a "Regular Employee" with a company who changed its business name and management last year. Just this week, I talked to my client and said that they'll be pulling out from the company next week and will be transferring to another company where there's a better work facility and infrastructure. They also said that I'm welcome to join the company where they'll be transferring so I've sent my resignation one week before the planned date. Unfortunately, I was informed that I still have to render 2-3 weeks of service to them so they can approve my resignation. If I can't, they said they're gonna file for a legal complaint because of breach of contract or conflict of interest. Will it be possible for me to be liable for these complaints? Well after the company changed it's name and management, they haven't let me sign a new contract with them but I just received a notice of regularization. Also, if the client will be pulling out from the company, I've got nowhere to go and maybe I'll be laid off after. May I seek for a legal advice in regards to this.Thanks!

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council


Reclusion Perpetua
You are still required by law to provide at least 30 days notice.

Failure to do so will make you liable for damages.

So yes they can file a complaint against you if you do not comply with the notice requirement.

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jmar_404


Arresto Menor
The company where I work with is an outsourcing company. So if the client intends to pull out, agents or employees working under that client would be laid off; that is if the will not be transferred to job under the same company. So, how can I render the 30 days if the client will pull out within 5 days?

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council


Reclusion Perpetua
So wait for them to lay you off - you may be entitled to separation benefits.

Strictly speaking, If you resign then you will wait for 30 days as required, even if you are not given any assignment.

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jmar_404


Arresto Menor
alright. thanks!

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tals.hir


Arresto Menor
Hi,

Same case here. May probationary contract po akong pinirmahan last January 20, 2015..nagpass po ako ng resignation last April 10, 2015, kase may magandang opportunity to reveiew for board exam. Ngayon po pinag rerender po nila ako ang 60 days. Based po kase sa mga nabasa ko sa labor code 30 days prior notice po sya. ung 60 days or 30 days (based on Labor Code) is working days or calendars days? nakalagay po kasi sa contract ko is "60 days" lang, wala pong nakalagay na working days or calendar days.

Please help
Thanks
God Bless

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council


Reclusion Perpetua
tals.hir wrote:Hi,

Same case here. May probationary contract po akong pinirmahan last January 20, 2015..nagpass po ako ng resignation last April 10, 2015, kase may magandang opportunity to reveiew for board exam. Ngayon po pinag rerender po nila ako ang 60 days. Based po kase sa mga nabasa ko sa labor code 30 days prior notice po sya. ung 60 days or 30 days (based on Labor Code) is working days or calendars days? nakalagay po kasi sa contract ko is "60 days" lang, wala pong nakalagay na working days or calendar days.

Please help
Thanks
God Bless

Calendar days yan.

And pwedeng mas mahaba sa 30 days kung yun ang nakasaad sa kontrata since you have to give "a written notice on the employer at least one month in advance".

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tals.hir


Arresto Menor
thanks sir Very Happy

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tals.hir


Arresto Menor
hi sir,

may chance po ba na maghabol sila or magdemand na gawing working days yung 60days na yun? ano po pwede sabihin if ever?

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