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Resignation

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1 Resignation on Thu Oct 13, 2016 9:29 pm

onelsiuch


Arresto Menor
Hi Admin!

I have tendered my resignation to my employer with the reason being I need to take care of my mother (strickened with cancer) and sought to get shorter days of notice period (initially it was immediate but after reading the labor code 30 days is required). Now the HR says I need to render a 60 days notice period since it is stated in the employment contract. After reading some more, 30 days is the minimum period required by DOLE and this can be extended only if both employee-employer agrees and this means my employment contract (which is what I have signed)

HR also says I can only do shorter days if and only if my manager agrees. My manager says I need to get the medical records of my mother.

My worries is that medical records are considered confidential and only she or her guardian (or beneficiaries(?)) are allowed to have access to them unless permitted by my mother herself

My questions are:
1. Can I still file a case against my current company for having a 60 day notice period?
2. Is the company allowed to get access/seek for my mother's records?
3. If my mother does not agree to release her medical records, am I required to render 60 days?
and finally, how can I use the below in my case?

However, the employee does not need to comply with the 30-day notice rule in the following situations:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
Other causes analogous to any of the foregoing


i.e. according to the labor code, it is required that after 8 hours work for 6 days a 24 hour consecutive rest is required but in my case I am getting worked 6 days a week with only one day off

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2 Re: Resignation on Thu Oct 13, 2016 11:56 pm

HrDude


Reclusion Perpetua
1. Can I still file a case against my current company for having a 60 day notice period?

SERIOUSLY? You plan to sue? On what grounds? The 30-day period under the Labor Code is only a suggestion. Parties may stipulate a shorter or a longer period. A 60-day period is NOT against the law. 9Bear in mind that you signed a contract and that contract is binding to you and your employer).

2. Is the company allowed to get access/seek for my mother's records?

Of course not, not even the courts CANNOT access the records as the same is confidential. However, you can ask from the hospital for a certificate that your mother is confined to that hospital.

3. If my mother does not agree to release her medical records, am I required to render 60 days?
and finally, how can I use the below in my case?

Your rendition of the 60-day period is NOT DEPENDENT on whether your mother agrees or NOT. You have no choice but to render that period IF your manager do not agree to shorten the period.

NOTE: Your manager is only asking you for those docs to prove your contention that your mom is truly sick. If you CANNOT produce any evidence to prove your own contention, then you manager has no basis to grant you your request of a shorter period.


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3 Re: Resignation on Fri Oct 14, 2016 8:02 am

lukekyle


Reclusion Perpetua
6 days work with one day off is what is prescribed by the labor code. i dont get your point

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4 Re: Resignation on Fri Oct 14, 2016 9:39 am

council


Reclusion Perpetua
onelsiuch wrote:
i.e. according to the labor code, it is required that after 8 hours work for 6 days a 24 hour consecutive rest is required but in my case I am getting worked 6 days a week with only one day off

You work 6 days a week and have 1 day off.

How is that different from the LC's phrasing "8 hours work for 6 days, 24 hour consecutive rest" ?

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5 Re: Resignation on Fri Oct 14, 2016 11:06 am

onelsiuch


Arresto Menor
Well I wasn't planning to sue. I just heard of this from my colleague and I'm just checking if he is correct. Anyway. thanks for the answers

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6 Re: Resignation on Fri Oct 14, 2016 3:40 pm

baboykanding


Arresto Menor
haha. para kang pinapagalitan ano?

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7 Re: Resignation on Sat Oct 15, 2016 11:37 am

michelle.palcon


Arresto Menor
Hi admin,

Good day!
I was employed at a certain company last October 17,2013 and i decided to file resignation last September 2,2016.

May i know what are the other benefits that i must receive after leaving the company, aside from 13th month pay.

Thank you, and God bless!

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lancky


Arresto Menor
Hi Admin,
Please advice regarding my current situation. I am planning to resign but did not file my resignation letter yet to my current employer. Just last oct 11, 2016 I signed a contract from other company. I notice that the date stated on the contract is june 10 2016. I ask the hr then she said that it is typo error. Just last oct 13, 2016 I decided not to pursue the job due to 1. Not related on my current job responsibility 2. The work area seems unsafe for me as well to those working there. 3. The date odf contract is invalid. Then, since I did not pursue I return to my current employer. I am afraid that the other company will call my current employer for the said reason. What should i do. Please help and advice. Thanks

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9 Re: Resignation on Sun Oct 16, 2016 12:14 am

HrDude


Reclusion Perpetua
michelle.palcon wrote:Hi admin,

Good day!
I was employed at a certain company last October 17,2013 and i decided to file resignation last September 2,2016.

May i know what are the other benefits that i must receive after leaving the company, aside from 13th month pay.

Thank you, and God bless!

Actual hours worked, incentives and allowances (if there are any), 13th month pay (pro-rated), convertible leaves (if there are any)

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10 Re: Resignation on Sun Oct 16, 2016 12:18 am

HrDude


Reclusion Perpetua
lancky wrote:Hi Admin,
Please advice regarding my current situation. I am planning to resign but did not file my resignation letter yet to my current employer. Just last oct 11, 2016 I signed a contract from other company. I notice that the date stated on the contract is june 10 2016. I ask the hr then she said that it is typo error. Just last oct 13, 2016 I decided not to pursue the job due to 1. Not related on my current job responsibility 2. The work area seems unsafe for me as well to those working there. 3. The date odf contract is invalid. Then, since I did not pursue I return to my current employer. I am afraid that the other company will call my current employer for the said reason. What should i do. Please help and advice. Thanks

Just wait and see. There is no problem yet. But technically, if you have not shown your face or reported for work, not a single day, you are termed as 'backed out', just wait and see

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11 Re: Resignation on Sun Oct 16, 2016 2:01 am

lancky


Arresto Menor
Thanks HrDude.
What is mean by breach of contract? Im still anticipating for the next thing that may happen. I am still reporting in my current employer right now. Is there possibility that my current employer find out about it? What will be their next move? I attended their orientation for 3 days.

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12 Re: Resignation on Mon Oct 17, 2016 9:30 pm

HrDude


Reclusion Perpetua
Breach of contract means 'breaking' the terms and conditions of the contract (breaking the agreement).

- Is there possibility that my current employer find out about it? OF COURSE.
- What will be their next move? I cannot answer for them. They could Terminate your services.

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13 Re: Resignation on Thu Oct 20, 2016 9:28 pm

lancky


Arresto Menor
My current employer will find out? How? Lets assume that the other company will never call. Is it advisable that i will resign nalang.

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14 Re: Resignation on Fri Oct 21, 2016 5:50 am

council


Reclusion Perpetua
lancky wrote:My current employer will find out? How? Lets assume that the other company will never call. Is it advisable that i will resign nalang.

It is advisable to do the right thing.

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15 Re: Resignation on Fri Oct 21, 2016 8:19 pm

HrDude


Reclusion Perpetua
lancky wrote:My current employer will find out? How? Lets assume that the other company will never call. Is it advisable that i will resign nalang.

Ang daming paraan.

Example. Sa government contributions mo. You will be deducted by both your companies. Isang tawag lang sa SSS, BIR or sa iba pang gov't agencies jan.

Tama si counsil. Its best to do the right thing.

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16 Re: Resignation on Sat Oct 22, 2016 8:16 am

lancky


Arresto Menor
So ano yun ground? Kindly elaborate please. As of our code of conduct wala ako makitang term sa situation na ganito.

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17 Re: Resignation Today at 10:37 pm

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