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resignation through sms effective immediately

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1 resignation through sms effective immediately on Tue May 17, 2016 8:27 am

jan2lim


Arresto Menor
hi,

am i entitled to a separation pay? i resigned through a text message only.

months after i was re-hired by the company i had a heart failure and was confined in a hospital for almost a month. the company still continued my services despite my condition through a "work at home scheme". i do my work at my house while i recuperate and communicate with them through cellphone and internet.

after 4 months they required me to report to the office for 6days/week from 10am to 7pm. which i did for 4 months. upon which i reiterrated our original employment agreement that only requires me 5day/week office work. they approved it and even gave me a 3k salary raise.

i communicated with them my immediate resignation through text message the day after the holy week vacation, after experiencing another heart failure, and upon advice of my cardiologist that i am no longer fit to any kind of work. i can no longer render the 30 day mandatory services due to them, because this may affect my health seriously. infact, i wasn't able to report to the office because i was still recuperating at home from the heart failure that i suffered during the holy week.

given this circumstances, am i entitled to a separation pay? i served them for 1 yr and 10 months, counting the "work at home scheme".

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lukekyle


Reclusion Perpetua
as far as i know, No you are not entitled. separation pay would be given in your case if the employer terminates your employement due to sickness. if you are the one who resigned, you are not entitled. except if you have a CBA or if it is specifically mentioned in your contract

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3 resignation through sms effective immediately on Tue May 17, 2016 4:16 pm

jan2lim


Arresto Menor
lukekyle, sir, even if i did not submit a resignation letter? and that i only notified them through an SMS only, and that my continued employment would be prejudicial to my health? if separation pay is not possible, can i still claim my 13th month pay, or other monetary claims?

thanks sir

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lukekyle


Reclusion Perpetua
unless you are disputing your resignation, meaning are you saying you did not resign? 13th month and whatever salary still unpaid can still be collected

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5 resignation through sms effective immediately on Tue May 17, 2016 4:50 pm

CaseLogic


Arresto Mayor
lukekyle wrote:unless you are disputing your resignation, meaning are you saying you did not resign?  13th month and whatever salary still unpaid can still be collected

An employee who voluntarily resigns from his work is not entitled to separation pay. There is no provision in the Labor Code which grants separation pay to voluntarily resigning employees.

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jan2lim


Arresto Menor
lukekyle wrote:unless you are disputing your resignation, meaning are you saying you did not resign?  13th month and whatever salary still unpaid can still be collected


thanks sir

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CaseLogic


Arresto Mayor


You can claim all that. They cannot hold any amount that is due to you such as 13th month pay, last pay, VL conversion, Tax Refund if any. If they want to file for damages they have to do it separately but they cannot just hold your money but this is most unlikely considering your situation. Just provide all the medical certificate and all.

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jan2lim


Arresto Menor
CaseLogic wrote:

You can claim all that. They cannot hold any amount that is due to you such as 13th month pay, last pay, VL conversion, Tax Refund if any. If they want to file for damages they have to do it separately but they cannot just hold your money but this is most unlikely considering your situation. Just provide all the medical certificate and all.

copy sir, i have all the medical certificates required, even the certificate of hospital confinement do i need to get a certification from my cardiologist who advised me to stop my regular job?

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lukekyle


Reclusion Perpetua
jan2lim wrote:
CaseLogic wrote:

You can claim all that. They cannot hold any amount that is due to you such as 13th month pay, last pay, VL conversion, Tax Refund if any. If they want to file for damages they have to do it separately but they cannot just hold your money but this is most unlikely considering your situation. Just provide all the medical certificate and all.

copy sir, i have all the medical certificates required, even the certificate of hospital confinement do i need to get a certification from my cardiologist who advised me to stop my regular job?

yes, the certificate from your cardiologist will do away with the 30 day notice requirement

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