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Resignation with 30 day prior notice

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1 Resignation with 30 day prior notice on Tue Jul 07, 2015 11:57 am


Arresto Menor
Good day.

I would like to consult a situation and seek for your advice please.

I am/was employed in a bpo company since January 2014. On May 2015, I had to be absent from work due to illness. As i was advised to rest for several days, my immediate supervisor filed for a medical leave of absence on my behalf. My absence and/ reporting to work had been intermittent from then on until mid to latter part of june as I needed to undergo some laboratory tests.

My long absence from work has made me uneasy to continue my employment with the company. Hence, I informed my immediate supervisor about my intent to render my resignation with willingness to comply with the "30days notice prior to effectivity date". To which he replied that I am still on medical leave of absence status and would like for us to discuss about it on saturday (that was a thursday). I reported back to work on Saturday, however, my immediate supervisor did not. The following day I wasn't feeling well and had to be absent again. And that was the last day that I reported to work and was informed by a colleague that my immediate supervisor has already resigned. No one from the upper management communicated with me and I haven't received any form of notice requiring me to report to work until another supervisor texted me if I am still willing to continue my employment to which I reiterated my intent to resign and render a 30-day notice. He also informed me that I am still on medical leave of absence status and I need to bring with me a copy of medical certificate/fit to work upon returning. And since I don't have one at hand, I decided to report to work a day after next so that I can secure an updated one.

The following day, I asked my colleague to talk to any personnel from the upper management and inquire about my plan on resigning and 30-day prior notice. She was able to talk to our Senior Operations Manager and was informed that my status is "PENDING TERMINATION w/out possibility for rehire", I am no longer on medical leave of absence and I am no longer allowed to render a 30-day prior notice. Hence, I should file for an immediate resignation. She was also told to inform me to go directly to the HR office and submit my immediate resignation and have my exit clearance. Also, she was informed that the medical leave of absence indicated as my status was just for the purpose of reporting to clients.

My questions are:

1. Is the Operations Manager correct in his contentions?
2. Shouldn't I be issued a return to work notice prior to them terminating my employment? (i haven't received any)
3. If i file a complaint with the NLRC, will the case prosper?
4. What are the remedies that I am entitled to, if any?

Your advice is highly anticipated and appreciated. Thank you!

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2 Re: Resignation with 30 day prior notice on Tue Jul 07, 2015 12:39 pm


Reclusion Perpetua
You should have talked to the Operations Manager yourself for you to really understand the situation. You are not entitled to work for that 30 days prior actual resignation because you were not rendering service at all. Your presence nor absence does not affect the company. The 30-day period are resorted to by companies in order for them to find replacement. If they don't ask you for that, you can't claim it. You have a lot of questions in your mind; you should have personally asked. Your mind is not your colleague's mind. Anyways, to (Q.2.) the company is not required to issue a return to work notice. (Q.3) For what, illegal dismissal? No way. (Q.4) I think there is none. The company has valid reasons to terminate your service (illness & your absences after illness could even be considered as abandonment or gross/habitual neglect of duty).

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