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Art. 285. Termination by employee. - How are the conditions defined?

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mrs_e


Arresto Menor
Good day po.

I am currently working as a preschool teacher in a private institution. I am planning to resign though I signed a 1 year contract...the reasons are here:

- They asked me to start training last Feb 2015 with a remuneration of 100 per day but I am doing the works of an assistant adviser...I learned from other colleagues that relatives of the school owner are given regular compensation despite that they are under training. Initially, this should go for a month only but come by Mar 2015 they asked me to go on training again for the same remuneration for another month...because I am also after the learning and experience, I agreed to do so...everything was done verbally...no contract at all...

- Last May 2015, they have me signed a 1 year contract as an assistant adviser, but a week before the school starts, they asked me to sign a new contract (1 year also) as an adviser...I told them that I am not capable of doing such because I only took 18 units of education and I am still learning, but the HR said - "Kung hindi mo pipirmahan eh di sa iba na lang namin ibibigay." - As if threatening to terminate the previous contract that I signed. The HR said that they will give me all the support and training needed for me to become effective in the said position (with 1 week time left huh). As expected, no training happened nor support given.

- This July 3, 2015, the HR talked to me and said that the school directress (who happens to be the owner as well) decided that I should be transferred to the SPED department for a month so I can learn the correct approach in teaching preschool students (Junior Kinder). They placed the SPED adviser to my class and I was brought to the SPED unit. They said that during that 1 month, I will be given proper training, etc. But what happened last July 7, 2015 - the SPED Head just showed me how their routines are done and after that, I headed to my own class and started it without any training. In the SPED unit, I am handling Senior Kinder and Grade 3 students. The SPED head only goes to my class and just observe what I am doing and just tells me in front of my students of what I should do or not do.

Now every time I go out of the SPED room, I really feel shy when my Junior Kinder parents sees me because I can't explain as to why I am in the SPED unit.

Given these facts, can I consider those as reasons for resigning immediately? Will I be held liable if I don't serve the 30-day rule? If I serve the 30-day rule, will I be off the breach of contract thing?

I am really hoping that someone can answer and enlighten...I really can't go on working with a school who made me feel like I am an experimental hamster.

Please help...thank you in advance.

--- mrs_e

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council


Reclusion Perpetua

So in your opinion, which of these reasons does your situation fall under?

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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fujiko


Arresto Menor
Hi, I would like to ask if what should i do if an employee who was issued a NTE with preventive suspension fails to submit his reply within a prescribe period. Thanks.

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council


Reclusion Perpetua
fujiko wrote:Hi, I would like to ask if what should i do if an employee who was issued a NTE with preventive suspension fails to submit his reply within a prescribe period. Thanks.

Are you the employee or employer?

Employee - can still submit a reply but it may or may not be considered anymore. A hearing is still required.

Employer - A hearing is still required.

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5 Floating Status of employees on Mon Sep 14, 2015 1:46 pm

fujiko


Arresto Menor
Hi, I am currently employed in a security agency as an HR, itatanong ko lang sana if ilang taon bago kame mawalan ng liability sa mga guards namin who are in the floating status, is it 3 years or 6 years po ba? notices are being sent on a timely manner naman po kaya lng madami sa kanila is hindi na nagreresponse. Yung iba kahit employed na sa ibang agency eh ayaw pa ding mag resign. Salamat po Very Happy

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Reclusion Perpetua
fujiko wrote:Hi, I am currently employed in a security agency as an HR,  itatanong ko lang sana if ilang taon bago kame mawalan ng liability sa mga guards namin who are in the floating status, is it 3 years or 6 years po ba? notices are being sent on a timely manner naman po kaya lng madami sa kanila is hindi na nagreresponse. Yung iba kahit employed na sa ibang agency eh ayaw pa ding mag resign. Salamat po Very Happy

6 months lang ang itinatagal ng floating status.

Anong klaseng liability ang pinag-uusapan? Tungkol sa pera o ibang bagay?

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7 Floating Status of employees on Tue Sep 15, 2015 9:58 am

fujiko


Arresto Menor
liability in terms of wala na silang pwedeng habol sa amin, may mga guards kase kame na naka floating ng ilang taon na for the reason na wala kaming client na mapagdalhan sa knila and sometimes sila mismo ung umaayaw sa posting. parang ang nangyayari is nagugulat nalang kami na may mga summon kame form nlrc dahil may nag file for illegal dismissal (dahil sa matagal na silang naka floating) meron po ba tayong provision s batas na makikita na if umabot na sa halimbawa eh anim na taon na hindi sila nakipag coordinate sa amin eh wala na silang habol sa amin. Thank you very much po Smile

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Reclusion Perpetua
fujiko wrote:liability in terms of wala na silang pwedeng habol sa amin, may mga guards kase kame na naka floating ng ilang taon na for the reason na wala kaming client na mapagdalhan sa knila and sometimes sila mismo ung umaayaw sa posting. parang ang nangyayari is nagugulat nalang kami na may mga summon kame form nlrc dahil may nag file for illegal dismissal (dahil sa matagal na silang naka floating) meron po ba tayong provision s batas na makikita na if umabot na sa halimbawa eh anim na taon na hindi sila nakipag coordinate sa amin eh wala na silang habol sa amin. Thank you very much po Smile

Dapat pag umabot na ng 6 months (o bago pa lang umabot ng 6 months) ay pinapadalhan na sila ng kasulatan na tapos na ang ugnayan ninyo.

Pag lumagpas ng 6 months at hindi sila nabigyan ng separation pay, pwede silang magdemanda.

Dapat din mabayaran ang separation pay kung sakaling umabot ng 6 months ang floating status.

Merong provision ang batas na mawawalan ng karapatan maghabol ng money claims ang empleyado pag lumagpas ng 3 taon na wala silang ginawang hakbang para habulin ang kabayaran.

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9 Floating Status of employees on Tue Sep 15, 2015 4:16 pm

fujiko


Arresto Menor
Marami pong salamat. Pwede ko po bang malamn kung saan pong article ng batas pwedeng makita na after 3 years na di sila nakipag ugnayan at di nagparamdam sa amin sa kabila ng pagpapadala nmin ng sulat is wala n po silang habol sa amin. Thank you very much po.

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