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Forced resignation

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1 Forced resignation on Sun Feb 26, 2017 3:15 pm

Kurtvee


Arresto Menor
Hi! I was hired as a team lead/supervisor for a contact center/BPO last May 2016. I was regularized in November 2016. Last February 15 my manager told me in a one on one meeting that I did not have the necessary skill sets for the role. I asked if I could have time to learn or improve on said issue, but was told that it was not possible. I asked him if he was wanting me to resign and he replied in the affirmative. When I was hired I made sure that they knew my 10 years experience as a sup was in customer service. And that I didn't have any experience running a team in the service desk (tech support). I was given 2 days induction regarding the company then was endorsed to operations right after. I did not receive any coaching, setting of expectations, etc. I haven't seen my score card or any performance assessments in all these months. In short I feel that I was not given any due process nor any other option but to resign. I submitted a notarized resignation on Feb 21, 2017. Notarized as I had also executed an affidavit attesting to the circumstances of my resignation. Do I have basis to file a complaint and seek remedy according to our labor laws? I really feel that I was not accorded any due process. I would appreciate any advice from a legal standpoint. Thank you in advance.

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2 Re: Forced resignation on Mon Feb 27, 2017 8:10 am

lukekyle


Reclusion Perpetua
1. due process only applies to termination/disciplinary actions. neither of which was done to you.
2. forced resignation/construtive dismissal only applies when the company institute policies or working conditions that are too difficult that you are forced to resign eg removing aircon unit in a windowless room.
3. the manager merely asked you to resign, you should've just refused
4. i dont see any course of action here

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3 Re: Forced resignation on Mon Feb 27, 2017 8:52 am

Kurtvee


Arresto Menor
Thank you for the prompt response. All the while I was under the impression that it was against labor laws to recommend that an employee resign or force them to. I must have misunderstood this all along. Thank you again.

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4 Re: Forced resignation on Mon Feb 27, 2017 9:54 am

lukekyle


Reclusion Perpetua
1. yung to recommend is not illegal. To ask you to resign is also not illegal. To force you is illegal but you have a different interpretation of "force". If they said "hindi ka makakalabas ng opisina until pirmahan mo yan" that is considered forced resignation

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5 Re: Forced resignation on Tue Feb 28, 2017 3:13 pm

Kurtvee


Arresto Menor
OK that's clear. What he actually said was to the effect that I can either resign or do it the hard way where he will see to it that I get terminated. I guess I will think over my options regarding this for now. I really appreciate the response. Thank you.

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