I would like to humbly refer the following instances for your advises.
1. August 12, 2015, an employee filed a resignation letter thru email addressed to the immediate superior due to unreleased commissions for the portion of the year 2014 and portions of the year 2015 (no pending accountabilities/liabilities).
2. August 12 - on the same day, a response was received from the immediate superior saying that its resignation will be referred to the regional head. No other responses received thereafter.
3. August 18 - filed a hard copy resignation letter to the Human Resources attaching the email conversation the employee had with its superior. Thus, copy was received by the HR dated August 18 2015.
4. August 28 - the employee asked for a copy of clearance to be accomplished but the superior refused to provide one saying "ang resignation matagal yan".
a. Will the email count as part of the 30days counting for the resignation to take effect?
b. What if they continue to refuse to provide the clearance document, can the employee leave already even without the said clearance? and/or would this require immediate DOLE/NLRC intervention?
Hoping for your responses on this please.
Thank you very much.