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1 Resignation on Wed Aug 05, 2015 11:13 am


Arresto Menor

I had a posting here last time about employment bond pero inexplain na saken yung HR ang content. Mali lang pala pagkaka'intende ko, thanks God.

Now, I have tendered my resignation. Our HR explained to me that I won't be paying the 50k, I will only be liable if ever I make an AWOL or any incur damages when I leave the company immediately. I have already agreed to the 30-day notice and will be ending this Aug.31. Our agreement is that if ever wala pang makuhang kapalit ko, mag'eextend ako, as a respect na lang daw sa contract. The owner refused to talk with me about the contract and insisted na tatapusin ko talaga yung 2 years or else magbabayad ako. Wala naman akong training in expense by the company.

Now my question is, am I not really allowed to resign? It's the worker's right, isn't it? I gave them a notice, talked to my HR and tried to talk with the owner.

My contract is a fixed term for 2 years, already served 1yr and 4mos. Yes I signed it thinking it would be great to work here and that this is my first job, so parang grab nah.

Is this absolute?
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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2 Re: Resignation on Mon Oct 26, 2015 9:07 am


Reclusion Perpetua
Anyone is allowed to resign with or without reason. However, in your case, the company CANNOT force you to stay with them even if:

1."wala pang kapalit"; or
2. 2 years pa contract mo but you rendered a fraction of it.

The company can demand 'damages' or implement the monetary obligations under your contract but it has the burden of proving these obligations.

NO, ART 285 are suggestions/governing provision and is not absolute as this may still be scrutinized by the constitution and the incident of 'fair play'.

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