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Resignation Notice based on Employee Handbook

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1 Resignation Notice based on Employee Handbook on Thu Oct 29, 2015 5:30 am

Kenobi007


Arresto Menor
I intend to resign from a company and already sent them my resignation letter. I got hired by another company and is about to start my training. I dated my proposed final day of employment 2 weeks (14 business days) from the day I gave them the resignation letter. I understand that the Labor Code states that I should render 30 days however, during contract signing, our Employee Handbook states that:
"If you decide to resign your position, you should give your supervisor as much notice as
possible but not less than two (2) weeks written notice. If you can or would like to give more
than two (2) weeks of notice, please discuss this option with your supervisor. The company is
not obligated to allow you to work any days after a notice has been given. You will be paid only
for those days that you have worked. Failure to give recommended notice may disqualify you
from future consideration for re-employment."
The company won't allow me a graceful exit unless I render the 30 days. Is there a legal basis for them to do that considering that on the time I signed the contract, the Employee Manual that goes with it says "you should give your supervisor as much notice as
possible but not less than two (2) weeks written notice."
They were claiming that the Employee's Handbook has been amended already to follow the 30 day rule, through an HR Bulletin they sent a year and a half ago. Which of the two "resignation rule" should apply to me? The "not less than two weeks" or the 30 days? If they enforce to me the 30 day period, I would have to report to 2 employers everyday. Need help regarding this matter.

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HrDude


Reclusion Perpetua
Try talking to your immediate superior first and explain to his/her that you already have a new job and negotiate for a'graceful exit'. However, if you were not allowed to resign earlier than 30 days, just submit your resignation stating your final day of reporting for work.

NOTE:
1. The 30-day turnover period, as according to the Labor Code, is not absolute. This is just a suggestion and this can be lengthened or shortened by the employer with the consent and acceptance of the employee and vice versa.
2. Employers cannot, LEGALLY, reject a resignation letter. An employee has the right to resign and if this right is denied, this becomes INVOLUNTARY SERVITUDE. No less than the Philippine Constitution safeguards all citizen from this.
3. Under the Labor Code, employers are also given a right under this situation. They can sue an employee for damages if the he/she failed to observe the 30-day turnover period. However, they are mandated to conduct an audit investigation to determine the accountability of the employee and they must prove this issue by concrete evidence/s. (e.g. training expenses, travel expenses, etc.)

Under the Labor Code, this is the ONLY right given to the employer. They cannot absolutely hold your COE, Clearance, Backpay, or not 'receive' your Resignation Letter. They have to receive it and note therein if accepted or not. Also, they definitely CANNOT terminate you for abandonment of work if you go on AWOL if they received (approved or not) your resignation letter.

If you submit your resignation letter, you must have a another copy duly signed and received. Good Luck.

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Kenobi007


Arresto Menor
Thank you for the prompt response. I gave the resignation letter to my immediate Supervisor and then she let me talk to my Manager. My Manager did not receive and did not sign the letter even for the purpose of receiving it. He told me if he sign it, it means it was approved and he might be held liable for it. Since he did not accept the letter, I sent an email to our HR, copying my Supervisor and Manager, a soft copy of the resignation letter. Since they won't/did not sign the resignation letter, how can I prove that I sent one and that they rejected it?

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HrDude


Reclusion Perpetua
Explain to your immediate superior that he/she only has to receive it NOT to approve it. Explain to him/her that receipt is not equivalent to approval. If he/she declines, ask someone from the HR Dep't to receive it or sign as a witness for the refusal of your superior to receive your RL. Or ask your office mates to receive it explaining to them also that receipt is NOT approval. KNow your right, enforce it. Good Luck.

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Kenobi007


Arresto Menor
Once again thank you! Since I will be asking them to receive the letter today or tomorrow, will it affect the effectivity of my resignation? Should I let them receive the original resignation letter or should I create a new one using the previous letter as a reference? Our HR took the hard copy of the previous/original resignation letter I sent but though I wanted the HR to sign on it as proof of receipt, he did not sign on it as well. Can the email I sent be used as basis of my resignation as well? Thank you in advance..

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attyLLL


moderator
IMO, the email stating your resignaton you sent can be a basis for counting the the 30 day period. it's their burden to show that this bulleting was made known to you.


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Kenobi007


Arresto Menor
Thank you for the help.. Everything went well (I hope) since they already allow my final day of work on the date I requested. Though they will probably tag me as "Not for rehire". Again thank you and more power to your site!

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