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Urgent Resignation

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1 Urgent Resignation on Fri Sep 02, 2016 12:42 pm

ducos_j


Arresto Menor
Hi,

I had tendered my resignation last Aug. 30, as I need to start on my new job by Sept. 5. However, my boss required me that I need to stay for 30 days. I did not have regularization contract. Can I contest or object on what she's demanding?

Thanks.

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2 Re: Urgent Resignation on Fri Sep 02, 2016 12:59 pm

council


Reclusion Perpetua
ducos_j wrote:Hi,

I had tendered my resignation last Aug. 30, as I need to start on my new job by Sept. 5. However, my boss required me that I need to stay  for 30 days. I did not have regularization contract. Can I contest or object on what she's demanding?

Thanks.

Generally you can't.

The LC indicates a minimum 30 days notice period unless it is waived by the company.

You may be liable for damages for failure to comply as that may be a breach of contract.

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3 Re: Urgent Resignation on Fri Sep 02, 2016 1:03 pm

ducos_j


Arresto Menor
Hi,

On my probationary contract, yes it was stated that I need to render 30 days. But I did not receive or notified that I am already a regular employee after my probationary period. I am planning not to go to the office and just notify them via email or text that I will be absent, can they still charge me on this?

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4 Re: Urgent Resignation on Fri Sep 02, 2016 1:17 pm

council


Reclusion Perpetua
ducos_j wrote:Hi,

On my probationary contract, yes it was stated that I need to render 30 days. But I did not receive or notified that I am already a regular employee after my probationary period. I am planning not to go to the office and just notify them via email or text that I will be absent, can they still charge me on this?

Being a regular employee (or not) does not have any bearing on the situation.

Firstly - there is no requirement that after your proby period you are supposed to receive any other document stating your regularization. It's nice to have it, but not generally a requirement. The LC also states that if you continue to work after your proby period then you are already considered regularized.

Secondly - the obligations in your probationary contract do not just disappear or are cancelled if you change status. The only rules or procedures that are removed are those that are patently illegal. All others stay as is.

Thirdly - the LC does not distinguish between probationary or regular employment when it comes to giving notice of resignation. All employees are required to do so.

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5 Re: Urgent Resignation on Fri Sep 02, 2016 1:21 pm

ducos_j


Arresto Menor
What about my latter question, I am planning not to go to the office and just notify them via email or text that I will be absent, can they still charge me on this? Will it be considered AWOL given the fact that I really need to tender 30 days.

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6 Re: Urgent Resignation on Fri Sep 02, 2016 1:26 pm

lukekyle


Reclusion Perpetua
if your question is, pwede ka ba nila i-charge for damages because hindi ka nagrender ng 30 days. Yes pwede

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7 Re: Urgent Resignation on Fri Sep 02, 2016 1:35 pm

ducos_j


Arresto Menor
I mean, ok saken yung 30 days, but I won't be coming sa office all the time. I will just notify them that I will be absent, is it ok? Please enlighten me.

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8 Re: Urgent Resignation on Fri Sep 02, 2016 1:39 pm

council


Reclusion Perpetua
ducos_j wrote:I mean, ok saken yung 30 days, but I won't be coming sa office all the time. I will just notify them that I will be absent, is it ok? Please enlighten me.

The 30 days notice is for you to turn over your accountabilities, endorse work, etc.

If you won't be around, in effect you're not "rendering" the notice period.

Like if you resign by Oct 1 but don't actually report to work anymore by Sep 5, it's just like filing your resignation with a 5 day notice.

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9 Re: Urgent Resignation on Fri Sep 02, 2016 1:44 pm

ducos_j


Arresto Menor
Needless to say, may habol pa rin sila saken. Kasi during the 30 days period di all the time makakapasok ako.

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10 Re: Urgent Resignation on Fri Sep 02, 2016 1:59 pm

ducos_j


Arresto Menor
lukekyle wrote:if your question is, pwede ka ba nila i-charge for damages because hindi ka nagrender ng 30 days.  Yes pwede


Anong possible charges pwede nila i-charge saken, if ever?

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11 Re: Urgent Resignation on Fri Sep 02, 2016 2:02 pm

lukekyle


Reclusion Perpetua
thats up to the company but if absent ka then hindi ka nagrender ng 30 days. If your contract is silent, it would depend na on the employer on what they charge you with.

But don't worry they have to substantiate naman yung charges. It can't be arbitrary

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12 Re: Urgent Resignation on Fri Sep 02, 2016 2:10 pm

council


Reclusion Perpetua
But generally that may mean nominal damages - anywhere from 30K to 50K, but could be more, especially if umabot pa sa korte yan.

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13 Re: Urgent Resignation on Fri Sep 02, 2016 2:21 pm

ducos_j


Arresto Menor
That's good to know. Thank you guys for answering my query.

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14 Re: Urgent Resignation Today at 10:20 pm

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