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PROJECT/CONTRACT-BASED BUT CAN I RESIGN?

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1 PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 8:33 am

ajtee


Arresto Menor
I have a 4-month contract with this company. However, I want to resign before it ends since I am unhappy with the work. There is no clause regarding me terminating the contract (only them terminating the contract). There's no clause saying I must complete the 4 months. In this case, can I end it or am I obliged to finish the 4 months? Also is there any mandatory rule that I still render 30-days notice? There is no employer-employee relationship.

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2 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 9:46 am

lukekyle


Reclusion Perpetua
they can still sue you for breach of contract. damages would be harder to prove though since nothing was stipulated in your contract

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3 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 5:42 pm

HrDude


Reclusion Perpetua
ajtee wrote:I have a 4-month contract with this company. However, I want to resign before it ends since I am unhappy with the work. There is no clause regarding me terminating the contract (only them terminating the contract). There's no clause saying I must complete the 4 months. In this case, can I end it or am I obliged to finish the 4 months? Also is there any mandatory rule that I still render 30-days notice? There is no employer-employee relationship.

1. Yes, you can resign even prior to the end of the period of the contract.
2. No, there is no mandatory rule that you render a 30-day notice. The 30-day period is not mandatory and this is only a suggestion as this may be lengthened and/or shortened.
3. What made you think there is no employer-employee relationship between you and your employer? Who controls your work? Who pays your salary?

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4 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 6:01 pm

council


Reclusion Perpetua
ajtee wrote:I have a 4-month contract with this company. However, I want to resign before it ends since I am unhappy with the work. There is no clause regarding me terminating the contract (only them terminating the contract). There's no clause saying I must complete the 4 months. In this case, can I end it or am I obliged to finish the 4 months? Also is there any mandatory rule that I still render 30-days notice? There is no employer-employee relationship.

The mandatory rule for the 30-day notice is in the Labor Code.

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5 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 7:56 pm

HrDude


Reclusion Perpetua
It is no longer mandatory if it can be extended or shortened. The words 'at least 30-days' connotes that the period can be modified, extended, shortened or not followed. Hence, the period is no longer mandatory but merely a suggestion. Be reminded that even the Labor Code has recommended exceptions to the rule that the period can be dispensed with and that immediate resignation is be allowed. As such, the rule on the '30-day period' is not absolute.

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6 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 7:56 pm

HrDude


Reclusion Perpetua
It is no longer mandatory if it can be extended or shortened. The words 'at least 30-days' connotes that the period can be modified, extended, shortened or not followed. Hence, the period is no longer mandatory but merely a suggestion. Be reminded that even the Labor Code has recommended exceptions to the rule that the period can be dispensed with and that immediate resignation is be allowed. As such, the rule on the '30-day period' is not absolute.

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7 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 8:15 pm

council


Reclusion Perpetua
If the contract is silent then the 30-day notice period kicks in.

While it's true that it can be modified - it's all subject to the approval of management.

So unless all these "agreements" are met, the "basic" 30 days are enforceable.

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8 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Thu Apr 28, 2016 10:52 pm

Azia27


Arresto Menor
can anyone tell where or what exact section in the labor code stating about 30 day notice?
thanks

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9 Re: PROJECT/CONTRACT-BASED BUT CAN I RESIGN? on Fri Apr 29, 2016 6:50 am

council


Reclusion Perpetua
Azia27 wrote:can anyone tell where or what exact section in the labor code stating about 30 day notice?
thanks

ART. 285. Termination by employee. - (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

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