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My Resignation letter

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1 My Resignation letter on Thu Apr 14, 2016 1:23 pm

potchipolo


Arresto Menor
Hi Good Day!

I would like to ask from your legal opinion about my resignation.

I was tendered my resignation in my company a month before it was took effect as mandate by our labor code, but my boss refuse to accept my resignation for the reason only known to him. With that I also submitted the same resignation to our H.R officer and COO informing them that I am resigning their company.

My question is do my boss can refuse my resignation? DO I have any liability because as of now I am no longer reporting to the office because my resignation is already took effect as stipulated in my letter?

Thank you for your answers.

Maven



Last edited by potchipolo on Thu Apr 14, 2016 1:24 pm; edited 1 time in total (Reason for editing : lacking of some words)

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2 Re: My Resignation letter on Thu Apr 14, 2016 2:11 pm

HrDude


Reclusion Perpetua
potchipolo wrote:Hi Good Day!

I was tendered my resignation in my company a month before it was took effect as mandate by our labor code, but my boss refuse to accept my resignation for the reason only known to him. With that I also submitted the same resignation to our H.R officer and COO informing them that I am resigning their company.

My question is do my boss can refuse my resignation? DO I have any liability because as of now I am no longer reporting to the office because my resignation is already took effect as stipulated in my letter?

NO, your boss cannot refuse to sign your resignation letter without any valid reason.

As long as you have completed your clearance and eventually be cleared, you have no liabilities.

NOTE: Keep a copy of your resignation letter. Have that signed and noted 'received' by your superior or HR. A 'received' letter, even though not 'approved', is an evidence which you can use in your favor if you initiate a DOLE complaint in the future.



Last edited by HrDude on Fri Apr 15, 2016 6:17 am; edited 1 time in total

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3 Re: My Resignation letter on Thu Apr 14, 2016 3:15 pm

potchipolo


Arresto Menor
Thank you HrDude,

Follow query, Is there any reason(s) that my company can hold or refuse my resignation?

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4 Re: My Resignation letter on Fri Apr 15, 2016 6:37 am

HrDude


Reclusion Perpetua
There are many reasons an employer may TEMPORARILY hold or refuse resignation letters. However, employers cannot ABSOLUTELY reject resignation letters as employee resignations cannot be legally rejected.

To do so would be tantamount to compelling an employee to work against his will. That would be, in effect, an involuntary servitude, which is not only illegal but is, in fact, explicitly prohibited by no less than the Constitution of the Philippines. Not even the president of the Philippines can compel you to work against your will.

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5 Re: My Resignation letter on Fri Apr 15, 2016 7:35 am

council


Reclusion Perpetua
potchipolo wrote:Hi Good Day!

I would like to ask from your legal opinion about my resignation.

I was tendered my resignation in my company a month before it was took effect as mandate by our labor code, but my boss refuse to accept my resignation for the reason only known to him. With that I also submitted the same resignation to our H.R officer and COO informing them that I am resigning their company.

My question is do my boss can refuse my resignation? DO I have any liability because as of now I am no longer reporting to the office because my resignation is already took effect as stipulated in my letter?

Thank you for your answers.

Maven

Check your company policy regarding resignations. Their policy may require more than 30 days notice.

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6 Re: My Resignation letter on Tue Apr 19, 2016 10:04 pm

markliam


Arresto Menor

what if the hr superior does not want to sign my receiving copy? what should i do?

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7 Re: My Resignation letter on Tue Apr 19, 2016 10:05 pm

markliam


Arresto Menor

what if the hr superior or boss or ceo does not want to sign my receiving copy? what should i do?

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8 Re: My Resignation letter on Thu Apr 21, 2016 12:05 pm

rcoliveros


Arresto Menor
Good day.

I just served my resignation and it includes a notarized promissory note stating that I will pay my unliquidated cash advances in monthly terms. My question is can my employer reject my resignation due to my unliquidated cash advances even if I made a promissory note that I will settle on monthly basis until full amount is paid? can they file a case against me? Again I made notarized promissory note to assure them tha I am very much willing to settle all my unliquidated cash advances.

Thank you in advance for your replies

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9 Re: My Resignation letter on Thu Apr 21, 2016 12:48 pm

council


Reclusion Perpetua
rcoliveros wrote:Good day.

I just served my resignation and it includes a notarized promissory note stating that I will pay my unliquidated cash advances in monthly terms.  My question is can my employer reject my resignation due to my unliquidated cash advances even if I made a promissory note that I will settle on monthly basis until full amount is paid? can they file a case against me? Again I made notarized promissory note to assure them tha I am very much willing to settle all my unliquidated cash advances.

Thank you in advance for your replies

They can reject the PN unless they asked you for it.

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10 Re: My Resignation letter Today at 12:06 pm

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