Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Resignation, Clearance, and COE

Go down  Message [Page 1 of 1]

1 Resignation, Clearance, and COE on Tue Sep 29, 2015 8:27 am


Arresto Menor
Hello po.

I worked in a new company for 6 months and because it was new, the company was struggling, plus there was poor management. most of the heads employed were friends of the owner, including my dept. At first I was willing to tolerate my head despite her difficult personality and her not having any experience in the field but as the days passed, it just got worse. Her mistakes became our mistakes. And she started showing how mush she hated me. At the time of evaluation, she gave me a very poor evaluation and recommended non-regularization. Most of her reasons were because I wasn't being sociable. The HR advised me to resign before I'd be terminated. Everyone kept telling me that the head cant do that cause its the HR that decides whether you become regular or not. But the HR told me that he was powerless. So without rendering 30-day notice, I resigned. The last person to sign the clearance is the acctg dept and I've already submitted it to them. Its been 2 months already and they still haven't signed it.

Here's my questions:

1. Who makes the last decision whether an employee will become regular? Dept head or HR?
2. Are they allowed to deduct my last pay for not rendering 30-day notice? It was stated in my contract that I should render 30-day notice but the consequence for not doing that wasn't stated.
3. Am I allowed to ask for COE even if I'm not cleared yet?

View user profile

2 Re: Resignation, Clearance, and COE on Mon Oct 26, 2015 8:11 am


Reclusion Perpetua
1. Management has the decision to regularize an employee or not. This decision is given considering the recommendations of officers and the direct superior of the employee. The decision is coursed through the HR Department.

2. No, they are not allowed to deduct anything from your last pay even if your resignation is immediate unless there is a 'bond' included in your contract.

3. Yes you can ask however some employers will issue the COE along with backpays and Clearance only when the employee is cleared of all accountabilities. However, employers cannot ABSOLUTELY HOLD the employee's COE as these are not clearances. COEs and clearances are NOT the same.

View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum