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RESIGNATION -NO SIGNED CONTRACT-

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1 RESIGNATION -NO SIGNED CONTRACT- on Thu Apr 28, 2016 2:39 am

jeebee


Arresto Menor
Hi,

Just want to get an advise regarding my current situation with the company.

I gave a notice of resignation to my supervisor last April 18, though I have just sent my formal letter of resignation yesterday (April 27). Then the company just sent me yesterday the EMPLOYMENT AGREEMENT in which I have not signed due to reason that I do not know. By the way, contract period is from November 27, 2015 to December 27, 2016.

My question is:
Is it possible for me to give a one week notice to the date of my formal letter?
Would I be liable to any damages provided that we do not have a biding contract during the period of my tenureship since wala naman ako pinipirmahan sakanila?

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2 Re: RESIGNATION -NO SIGNED CONTRACT- on Thu Apr 28, 2016 6:55 am

council


Reclusion Perpetua
jeebee wrote:Hi,

Just want to get an advise regarding my current situation with the company.

I gave a notice of resignation to my supervisor last April 18, though I have just sent my formal letter of resignation yesterday (April 27). Then the company just sent me yesterday the EMPLOYMENT AGREEMENT in which I have not signed due to reason that I do not know. By the way, contract period is from November 27, 2015 to December 27, 2016.

My question is:
Is it possible for me to give a one week notice to the date of my formal letter?
Would I be liable to any damages provided that we do not have a biding contract during the period of my tenureship since wala naman ako pinipirmahan sakanila?

Even without a contract, there is proof of employment so you are required to comply with legal procedures.

If the contract or company policy is silent, the 30-days notice will take effect unless the company agrees or approves the 1 week notice.

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3 Re: RESIGNATION -NO SIGNED CONTRACT- on Thu Apr 28, 2016 7:07 am

jeebee


Arresto Menor
I'm under a provider. It's a Clinic Management Services, I work as a Company Nurse.

Pano po kung yung company kung san ako naka-assign is they already approved my resignation since sila po ang nagendorse sakin dun sa Clinic Management Services na yon? I came from a diffirent management before pero since hindi na sila nag renew ng contract with my management before e they asked me if I could resign and endorse me to this new management which is my current mangement.

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4 Re: RESIGNATION -NO SIGNED CONTRACT- on Thu Apr 28, 2016 9:44 am

lukekyle


Reclusion Perpetua
clinic management services ang employer mo, so they will be the ones to decide if one week or 30 days is required. It doesn't matter who endorsed or recruited you.

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5 Re: RESIGNATION -NO SIGNED CONTRACT- on Thu Apr 28, 2016 10:44 am

Azia27


Arresto Menor
hi. correct me if I'm wrong.
if you give a 1 week notice and the employer told you that they have to find replacement for you, then, that probably a NO to your 1week notice, Isn't it?

what legal action they may take against you if stated in your contract that you will pay 100k if you abandoned your job.- please give me idea or insight on this..

thanks

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6 Re: RESIGNATION -NO SIGNED CONTRACT- on Thu Apr 28, 2016 1:31 pm

lukekyle


Reclusion Perpetua
they can sue you for 100k if it is in your contract

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7 Re: RESIGNATION -NO SIGNED CONTRACT- on Thu Apr 28, 2016 5:53 pm

HrDude


Reclusion Perpetua
Azia27 wrote:hi. correct me if I'm wrong.
if you give a 1 week notice and the employer told you that they have to find replacement for you, then, that probably a NO to your 1week notice, Isn't it?

what legal action they may take against you if stated in your contract that you will pay 100k if you abandoned your job.- please give me idea or insight on this..

thanks

1. It can be interpreted in both ways. 'We have to find a replacement for you" may be interpreted either for the employee or the employer. To be sure, render 30-days. even if they have not found any replacement for you within 30 days, you may no longer report for work after the period.

2. " What legal action they may take against you if stated in your contract that you will pay 100k if you abandoned your job."

The statement says 'abandoned'. If you abandon your job of course they may sue you. But if you resign, whether approved or not, as long as you have a receiving copy, this is NOT job abandonment.

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8 Re: RESIGNATION -NO SIGNED CONTRACT- on Sat Apr 30, 2016 9:38 pm

Azia27


Arresto Menor
they are not giving any copy if accepted or not or even an email letter if they accepted or not, 
its a 2 weeks notice..
only verbal they told me that the boss said to the HR "just give me replacement"

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9 Re: RESIGNATION -NO SIGNED CONTRACT- on Sun May 01, 2016 2:15 pm

Kuyaez


Arresto Menor
Goodafternoon pu.

I did not sign contract pero my employer says I did, I resigned then they said I need to train and find a replacement for 30 day. But even in the contract that I did nt sign, the clause was not there. I have been there for 3 months and they never gave me any receiving copy of the contract, no handbook of company policy either. Plus i am on below minimum wage. Now they are threatening to sue me and forceme back into work. I need help please.

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10 Re: RESIGNATION -NO SIGNED CONTRACT- on Mon May 02, 2016 9:07 am

lukekyle


Reclusion Perpetua
even without a contract, you need to render 30 days under the labor code

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11 Re: RESIGNATION -NO SIGNED CONTRACT- on Mon May 02, 2016 3:41 pm

Nicoli


Arresto Menor
Hi po...need advice...im signing a memorandum of agreement sa past company (government) ko from march 15,2016 until december 2016 ung agreement dun...at ngaun nagpasa ako ng resignation letter sa hr sa personnel at head ko to inform na magresign na ako at kung pwede as soon as possible... Kc may bagong oppurtunity sa ibang company na nakita ko....pero hindi pa ako nag perma ng contract sa new employer kc magpaalam pa ako sa past employer ko....my head said i am free to exit now and got clearance but he will not sign my clearance...kc po nalaman ng head ko na nag apply ako sa ibang company at hinihintay nlng ako dun para magperma ng contrata...ngaun hindi ko na inasikasu ang clearance ko kc hindi rin naman pepirmahan ng head ko...pero tinawagan ako ng kaibigan ko na may letter daw ako na magcontinue ng work sa past company ko kc hindi inapprove ung resignation ko...anu po ba ang dapat kung gawin para matapos na ang conection ko sa past comp ko at makasula na ako sa bagong employer ko..anu ba ang kaso nila sa akin...

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