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Unapproved resignation

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1 Unapproved resignation on Fri Aug 28, 2015 7:54 am

ace_legal


Arresto Menor
Hi Sirs/Madames,

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".

Question;
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.

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2 Re: Unapproved resignation on Mon Oct 26, 2015 8:39 am

HrDude


Reclusion Perpetua
a. Yes, the receipt of the email resignation letter can be an evidence of the effectivity of the 30-day period.

(note: 'receipt' is NOT the same as 'approval')

b. Of course they will refuse to give you your clearance temporarily. Employers are allowed to do that to protect themselves. However, they are directed by law to make an audit to determine the accountabilities of the employee. If cleared, the employee will not be denied his/her clearance.

No, DOLE/NLRC intervention is not yet required, it's premature. Employers are allowed a 'reasonable time' to issue clearances to employees vis-a-vis employees are entitled for a 'reasonable time' to be given their clearances.

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