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company discretion on resignation of employee who is requesting to render service before effectivity of resignation

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Arresto Menor
Hi everyone,

A few questions about immediate resignation:

1. Is it within the company's discretion to allow or disallow a resigning employee to render the 30-day service prior to the effectivity of his/her date of resignation (e.g. - employee says in his/her letter "i will render 20 days of service prior to the effectivity of my resignation");

2. Is it legal for the employer to refuse the request/suggestion to render a 20 or 30 day service before the effective date of resignation? (e.g. employer: you dont have to render the 30 days anymore, your resignation is effective immediately).

3.Would it constitute illegal dismissal if the employee's request to render 30 days of service is denied and instead the company decides to approve it as immediate resignation?

- Reason for tagging and approving the resignation as immediate resignation is because the company is suffering losses due to employee's poor performance and erratic appearance at work.

Thanks for shedding light on these matters.

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Reclusion Perpetua
1. Yes
2. Yes. 30 days rendering is a minimum that the employer can waive at its discretion
3. No. Anytime an employee hands in his resignation the employer may accept it immediately or shorten the rendering however they like. They cannot extend the rendering period beyond the 30 days however unless ok'ed by the employee or it was in the employment contract.

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