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2 months written notice before resigning

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1 2 months written notice before resigning on Wed Dec 21, 2016 1:03 pm

10shi


Arresto Menor
Hi,
Thanks in advance for the advice/suggestion/help.


I have a employment contract with my current employer saying that I should give them 2 months written notice before resigning.

• That on November 29, 2016 - I tendered my resignation with an effectivity date of December 31, 2016.

• When I submitted the same I was advised by my CEO (which is my direct manager) that I needed to comply with the 60 day notice period and I CANNOT use my earned 12 days vacation leaves. He told me verbally that January 31 as my new effectivity date and after my 2 months notice period, I can use my earned 12 days vacation leave with pay.
• I tried to negotiate but they turned down
• My start date with my new company is January 02,2017 and cannot be renegotiate as they booked me for training on my first day.
Kindly help me with my situation. What are the consequences and what can be my legal remedy.



Last edited by 10shi on Wed Dec 21, 2016 1:05 pm; edited 1 time in total

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2 Re: 2 months written notice before resigning on Wed Dec 21, 2016 1:05 pm

HrDude


Reclusion Perpetua
You signed the contract right? If so, then you are bound by the terms and conditions included therein.

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3 Re: 2 months written notice before resigning on Wed Dec 21, 2016 1:07 pm

10shi


Arresto Menor
HrDude wrote:You signed the contract right? If so, then you are bound by the terms and conditions included therein.

Yes. can they sue me? What remedy I can use if they will sue me?

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4 Re: 2 months written notice before resigning on Wed Dec 21, 2016 1:20 pm

lukekyle


Reclusion Perpetua
yes they can sue you. Just pay them damages.

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5 Re: 2 months written notice before resigning on Wed Dec 21, 2016 1:47 pm

10shi


Arresto Menor
lukekyle wrote:yes they can sue you.  Just pay them damages.

In my contract says:

The remedy of the damages maybe inadequate to protect the interests of the company and the company is entitled to seek and obtain injunctive relief,or any remedy, in the court"


walang nakalagay if how much ang dmaages. do you any idea?


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6 Re: 2 months written notice before resigning on Wed Dec 21, 2016 2:07 pm

lukekyle


Reclusion Perpetua
you won't know till they sue you. Next time dont think na you can just break a contract without consequences.

IF the employer will sue you, this will be very bothersome. That line says the may sue for an injunction. If they succeed in getting an injunction against your new employer, chances are the new employer will not continue to hire you. (unless your services are really in demand). Alot will depend on the courts

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7 Re: 2 months written notice before resigning on Wed Dec 21, 2016 2:23 pm

10shi


Arresto Menor
lukekyle wrote:you won't know till they sue you.  Next time dont think na you can just break a contract without consequences.  

IF the employer will sue you, this will be very bothersome.  That line says the may sue for an injunction.  If they succeed in getting an injunction against your new employer, chances are the new employer will not continue to hire you. (unless your services are really in demand).  Alot will depend on the courts


Thanks for the reply. ANother query;

So, it means they will jeopardize my future employment? Also I received an email just now from the HR that the company will not give you necessary document regarding my employment (COE, W2 BIR 2316). Is it legal?

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8 Re: 2 months written notice before resigning on Wed Dec 21, 2016 2:53 pm

council

avatar
Reclusion Perpetua
10shi wrote:
lukekyle wrote:you won't know till they sue you.  Next time dont think na you can just break a contract without consequences.  

IF the employer will sue you, this will be very bothersome.  That line says the may sue for an injunction.  If they succeed in getting an injunction against your new employer, chances are the new employer will not continue to hire you. (unless your services are really in demand).  Alot will depend on the courts


Thanks for the reply. ANother query;

So, it means they will jeopardize my  future employment? Also I received an email just now from the HR that the company will not give you necessary document regarding my employment (COE, W2 BIR 2316). Is it legal?

They cant give you the documents if you're not cleared.

And the only way for you to be cleared is to undergo the clearance process (and eventually pay any damages).

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