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Resignation Date moved to an earlier date by Supervisor/Manager...

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Arresto Menor
Hello Attys,

Seek lang po ako ng legal advice regarding this. Pasensya na po kung mahaba.

I sent a resignation letter back in April 11 na ung effective date is June 1 then sometime in June lipad na po to work abroad para somehow makuha ko ung half ng 13th month pay this May 27 pay-out at least meron maiwan sa family ko pang-budget.

I was asked to have a 1-on-1 meeting with my supervisor 2 days later. She mentioned that she and my manager have agreed that since 30 ang rendering, the effective date is supposed to be May 13 but my supervisor asked na gawing May 20 na lang which they have agreed later on. Which is earlier than what I've expected. I talked to my supervisor and informed her about the reason I'm pushing on a later date at least makuha lang ugn half ng 13th month pay ko.

Since inaayos ko pa yung papers ko, wala pa po ako passport so after the 1-on-1 I decided to see yung requirements and procedures about passport application and last week pa ng June ung schedule ko.

And within that very day, I talked to my supervisor and told her na pa-hold off muna yung date kasi ang tagal ng sa passport. She is okay with that and wanted me to talk to manager that time. I sent a follow-up message to my resignation letter to my supervisor and manager na ipa-hold off muna yung date due to the passport as documentation. Nakausap ko po yung manager ko 1-3 days after sending that email and pumayag siya na ipa-hold off muna yung date. It is clear to us that kahit paalis na ko, I still have to comply with the company policy.

I went to provincial DFA and got an earlier schedule which is 1st week ng June but haven't updated my supervisor and manager kasi sabi nila 30-days ang notice so I was waiting until May 1 to send it para sakto sa June 1. I hesitated to send it on my Sunday shift kasi I was hoping na makausap pa sila to have the effective date be sometime in July.

I wasn’t able to to talk to them yet kasi I was on unpaid leave yesterday due to personal matter and on SL today (I sent a notification to my supervisor prior to my shift na I'm not feeling well due to migraine and she told me na AWOL ako for today).

I received an email from my manager about the resignation date will be followed is May 18 or what was originally accepted by your TL due to my frequent absences. This was sent on a separate email and not on the existing thread.

I do not recall a condition but we had a verbal agreement that I’ll have to follow the company policy. But even if I haven’t talked to them, I felt na gusto na nila ako tanggalin sa work ng mas maaga especially my supervisor. (I tried my best to work with my supervisor pero ang hirap nya i-please. As per our 1-on-1s before, mahirap talaga siya pakisamahan. She’s like treating me like one of her agents. Lahat nang gawin ko kahit tama, may nasasabi. Lahat big deal kahit maliit lang yung issue. Mas masaya ang buhay sa trabaho pag wala sya.) This is one of the reasons bakit ako aalis, aside dun sa limited to no OT pay gawa to new management).

So I sent the revised resignation letter on the same thread of my original resignation letter, to both my supervisor, manager then our HR na yung effective date is May 30.

Di ko po alam ano irerespond nila pati nung HR.

1. Does my manager/supervisor have rights to move my resignation date?
2. Does is it look like na force resignation ito? If this will be a forced resignation, ano po ang laban ko to move it on my preferred date?

Another thing is that there are inconsistencies with our company policy, one of them is that we do not have an employee handbook that states na kung ano yung violation, eto ang sanctions...ang nangyayari is on some sanctions, mababa yung naibigay and sa iba mataas na level...depende per project or kung ano mapag-usapan nila with HR. Walang documentation regarding the refresh period/fall-off/clearing period as to when bababa or mawala or slideback ang sanctions. Lahat ng employees yan ang concern even my agents kaya marami ding umaalis kasi walang refresh.

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Reclusion Perpetua
darkifrit wrote:

1. Does my manager/supervisor have rights to move my resignation date?
2. Does is it look like na force resignation ito? If this will be a forced resignation, ano po ang laban ko to move it on my preferred date?

1. Yes they can accept your resignation immediately if they want to. Pwede rin nila i-insist na 30 days if your resignation is kulang.  Only thing they can't do is extend it beyond your desired date after meron nang 30 days rendered

2. can't be considered forced since ikaw naman ang gustong mag resign.  Its is well within the rights of the employer to accept your resignation immediately.  If for example mag bigay ka ng resignation na effectively dated on February 2017, the company has the option to accept it immediately and tell you that your services are no longer needed tomorrow

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