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Resignation with signatory from superior

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1 Resignation with signatory from superior on Fri Sep 09, 2016 1:32 am

Rizalyn16


Arresto Menor
Hi,

Ask ko lang po sana if approved b ung resignation if my operations manager and team leader signed it?

D po kami nakapagrender ng 30days kasi ung account is nalipat sa ibang company. Since ininform kami kung til wen ung account, nagresign po kmi at sinabi po sa knila na ang last day namin would be the last day of the account sa company namin. Kinausap nila kmi to stay kaso ung iba is floating and ung iba ay malilipat sa account na may mababang pay. But still they both signed it. According kasi sa handbook, mawaive lang po ung 30days if approved.

After resigning po kasi, nagsend sila ng letter sa house informing na hndi kmi nagrender ng 30days and they are also asking for the damages.

Hope to hear from you!!!

Thanks.

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2 Re: Resignation with signatory from superior on Fri Sep 09, 2016 6:15 am

HrDude


Reclusion Perpetua
How can we answer your question if we haven't seen your resignation letter. Look at your resignation letter and see for your self. If there's a note or none... be it approved/not approved/received/noted. If none, it is presumed that it is approved.

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3 Re: Resignation with signatory from superior on Fri Sep 09, 2016 7:53 am

Rizalyn16


Arresto Menor
HrDude wrote:How can we answer your question if we haven't seen your resignation letter. Look at your resignation letter and see for your self. If there's a note or none... be it approved/not approved/received/noted. If none, it is presumed that it is approved.

My TL put noted and then he signed it. Same goes with our operations manager

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4 Re: Resignation with signatory from superior on Fri Sep 09, 2016 8:12 am

lukekyle


Reclusion Perpetua
noted does not mean approved. In my opinion they can still charge you for damages.

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5 Re: Resignation with signatory from superior on Fri Sep 09, 2016 8:28 am

Rizalyn16


Arresto Menor
lukekyle wrote:noted does not mean approved.  In my opinion they can still charge you for damages.

They are asking 100k for the damages. Can we still be charged with damages even if we are in floating status?

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6 Re: Resignation with signatory from superior on Fri Sep 09, 2016 9:20 am

lukekyle


Reclusion Perpetua
wait, resigned ka na ba or on floating status? Floating status means employed ka parin sa kanila

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7 Re: Resignation with signatory from superior on Fri Sep 09, 2016 9:33 am

HrDude


Reclusion Perpetua
Kung noted lang yan e you are NOT yet resigned. You are still an employee. Hence;

1. You cannot be charged with damages;
2. Damages can only be collected from you if there is a Civil Case for Damages filed against you in the courts of law, proven by evidences and ordered by the court for you to pay.
3. Without court order, your company has no reason to collect from you nor deduct from you any amount.
4. If under 'floating status' (a.k.a. 'reserve status'), your company is still duty-bound have to pay for the period of this status.

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8 Re: Resignation with signatory from superior on Tue Sep 13, 2016 1:24 am

Rizalyn16


Arresto Menor
Sorry for the confusion. My TL put noted by and operations manager only signed it. We were given a report to work letter. However, d kmi nagpunta kc employed n kmi sa iba. Nilagay dn namin sa resignation ung last day of employment. Possible p rin b makuha ung remaining salary and also 13thmonth?

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9 Re: Resignation with signatory from superior on Tue Sep 13, 2016 5:52 am

HrDude


Reclusion Perpetua
Rizalyn16 wrote:Sorry for the confusion. My TL put noted by and operations manager only signed it. We were given a report to work letter. However, d kmi nagpunta kc employed n kmi sa iba. Nilagay dn namin sa resignation ung last day of employment. Possible p rin b makuha ung remaining salary and also 13thmonth?

Of course. Resigned or not, Terminated or not... you have the right to be paid for your days work as well as the emoluments that come with it.

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10 Re: Resignation with signatory from superior on Tue Sep 13, 2016 11:04 am

obi0315


Arresto Menor
NOTED does not mean that you can waive the 30-day notice as required by law. In turn, if you will not properly render the 30 days notice, worst case scenario would be that your employer can withhold your backpay (i.e. pro-rated 13th month, VL conversion etc). What kind of damages are they claiming?

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11 Re: Resignation with signatory from superior on Tue Sep 13, 2016 11:41 am

HrDude


Reclusion Perpetua
obi0315 wrote:NOTED does not mean that you can waive the 30-day notice as required by law. In turn, if you will not properly render the 30 days notice, worst case scenario would be that your employer can withhold your backpay (i.e. pro-rated 13th month, VL conversion etc). What kind of damages are they claiming?

On the contrary, an employer can only withhold backpays if the employee has accountabilities to the company. No employer has the right to withhold the backpays for ANY OTHER REASON.

Damages can only be claimed in the courts of law and cannot affect the backpay of an employee.

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12 Re: Resignation with signatory from superior on Tue Sep 13, 2016 11:48 am

obi0315


Arresto Menor
Please double check you details HrDude, as I mentioned, failure to observe the 30-day notice gives the employer every right to claim for damages and as a result withhold his backpay. In this case, the OP clearly indicated that he incorrectly assumed that his resignation was accepted and hence did not report for work.

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13 Re: Resignation with signatory from superior on Tue Sep 13, 2016 12:22 pm

HrDude


Reclusion Perpetua
Again, damages can only be claimed by an employer by filing a Civil Case for Damages in court. Without any case filed in court, trial and court order mandating that employer to hold the backpay of the employee for payment of the 'damages', the employer CANNOT in any way hold the backpay.

Damages cannot be speculated... it must be proven by evidences.

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14 Re: Resignation with signatory from superior on Tue Sep 13, 2016 1:28 pm

obi0315


Arresto Menor
To keep it simple, the only question is if the employer can legally charge you with damages amounting to 100k. Due to lack of any information, the short answer is YES. Please note that we do not know the scope of the 100k, it might be an unpaid loan or any cost of training and since you failed to comply with the company's requirement, you are putting yourself at a risk.

Whether it be that they file for Civil Case for Damages or not, you are in danger of being charged.
Our advice, go to DOLE and seek for legal opinion.

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15 Re: Resignation with signatory from superior on Tue Sep 13, 2016 2:14 pm

HrDude


Reclusion Perpetua
Ganito gawin mo para makuha mo ang backpay mo.

1. I-process mo clearance mo. Kung ayaw ka bigyan, file ka complaint sa DOLE.
2. Kung nai-process mo na clearance mo, hingin mo backpay mo. Kung hindi ibigay at irarason nila na iho-hold nila backpay mo para sa 'damages' na hihingin nila, mag-file ka ng complaint sa DOLE.

Ulitin natin, hindi pwedeng i-hold ng employer mo kung walang demanda laban sayo. At hindi din pwedeng i-hold yan habang nakademanda ka (kung meron man). Know your rights.

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16 Re: Resignation with signatory from superior on Wed Sep 14, 2016 12:38 pm

HrDude


Reclusion Perpetua
obi0315 wrote:Please double check you details HrDude, as I mentioned, failure to observe the 30-day notice gives the employer every right to claim for damages and as a result withhold his backpay. In this case, the OP clearly indicated that he incorrectly assumed that his resignation was accepted and hence did not report for work.

Check your details too my good friend. Failure to observe the 30-day notice does NOT give the employer right to hold backpays. Yes, every employer has the right to seek damages only by filing a Civil case in court and seek compensation but not to hold backpays. Only if his case damages is affirmed by the court, he can then seek payments. The employer cannot even hold backpays even if a civil case is pending in the courts. Any employer who do this runs the risk of being sued/complained.

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17 Re: Resignation with signatory from superior on Thu Sep 15, 2016 2:15 am

Rizalyn16


Arresto Menor
No civil case was filed yet against us. Only return to work letter which includes failure to serve notice of resignation within the period required, demand letter (100k), tagging as awol.

Regarding sa damages, they said it is for the lost income, such as billable hours and administrative and operational costs for finding a replacemnt. The thing is the account was dissolved and hndi kmi nagsign to be transferred sa ibang account nila. Nagserve kmi til last day ng dissolved account.

Nag try kmi magclearance and they my tl and operations manager dont want to sign it. They want us to talk to d hr. When we go there, they want us to talk to the legal counsel.

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18 Re: Resignation with signatory from superior on Thu Sep 15, 2016 8:28 am

lukekyle


Reclusion Perpetua
If project employee ka or you have a fixed term contract, you only have to serve until the last day of the contract. Otherwise not applicable sa rendering ng 30 days yung pag dissolve sa account

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19 Re: Resignation with signatory from superior on Fri Sep 16, 2016 9:40 am

obi0315


Arresto Menor
Again my advice would be to seek legal opinion rather than fully relying on the discussions on this thread.

Regardless, so that you may know what to expect please read this article from Atty. Jimenez:

Code:
http://www.philstar.com/freeman-opinion/2014/01/02/1274161/employee-resignations-cannot-be-legally-rejected

And lukekyle is correct, you do not need to observe the 30-days notice if you are a project based or fixed-term employee.

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