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Resigned without 1 month notice to Current position which doesn't have a contract, is it liable for damages?

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mdv2016


Arresto Menor
I want to seek for your advice. I was hired as a payroll specialist last january 12, 2016 with an employment contract of project base for 5 years in a manpower agency. In my contract it was stated that I should follow the 1 month notice before resigning and as long as the ceo did not sign my resignation letter it means she doesn't accept it and my 1 month notice will not start. If I failed to follow this I need to pay for damages. By March 2016 I was promoted as a HRD Team Leader in the agency but I have not signed any contract. But then we hired a new payroll specialist on April 18, 2016 as my replacement to my previous position. When we were audited by Dole we had a general meeting that all employees who were in a 1 year and above contract will actually end their contract on their 5th month but if they will pass the evaluation being conducted then they will be offered another contract.

I was evaluated and passed the evaluation but when the company ask me to sign the contract for the HRD Team Leader I refused to sign the contract and I filed my resignation which will be effective July 7, 2016. But my last day in the agency is July 11, 2016. From April-July 2016 I am already doing the duties and responsibilities of a HRD Team Leader. When I resigned I recommend a colleague as my replacement and trained her. I also do my endorsement and turn overs. Before my last day I reported to the CEO together with the new HRD Team Leader to discuss the list of my turnover which also indicated the name of the person I endorsed those responsibilities. The CEO even call the people who's names are listed to confirm if I really endorsed to them some task.

On September 2016 the agency informed me they will send a letter regarding the payment for breach of contract as payroll specialist. But up to now I still didn't receive the letter. Actually I am unemployed from July 12, 2016 to October 23, 2016. I have applied for other jobs but since I can't give the certificate of employment they are asking I always withdraw my application. Right now I didn't receive my quit claims to the agency (13th month pay, last salary, cash bond). The agency held me liable for damages because they said I did not follow the 1 month notice for a payroll specialist and that my resignation is not signed by the CEO.

I just want to ask is my contract as payroll specialist for 5 years project base valid? This contract was not signed by the employer, only my signature is affixed to this contract. Is it also right to asked me for damages even if I am not already performing the position for 4 months and I even had the replacement for that position?

Please enlighten... Thanks

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lukekyle


Reclusion Perpetua
even without a contract, you are required by law to serve 30 days notice if you dont want to be liable for damages. This applies to any position.

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mdv2016


Arresto Menor
even if i'm not already performing this position payroll specialist and I have replacement for this? Because what the agency is asking for damages is in this position. Should I still follow a 1 month notice for this position payroll specialist even if this is not my current position and someone has already filled up this position since April 2016?

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lukekyle


Reclusion Perpetua
walang pakialam yung position. Hindi ka dapat umalis sa trabaho before 30 days unless willing kang mademanda for damages. Just follow one months notice, if they want you to serve in a different position ok lang, same position ok lang, whatever position ok lang. Ang impt is that you show up for work.

Kahit may kapalit ka na, madaming reasons mabibigay yung employer why still liable ka, don't give them ammunition. Just show up do your work. After 30 days move on and you will have peace of mind na.

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