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Immediate Resignation

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1 Immediate Resignation on Thu Jun 15, 2017 4:30 pm

elijahspaceluke


Arresto Menor
Hi!

I'm planning to file an immediate resignation dahil 7 payouts nang kulang ang sinasahod ko (wala po yung night differential pay na nasa contract). I have notified my manager several times at sinabi nya sakin na next payout lalabas. Ilang payout na rin po ang nakalipas pero wala pa rin. We also asked helped from our compensation and benefits team, pero walang reply.

Kung magi immediate resignation po ako, possible po ba na magkaroon ako backpay/separation pay?

Thank you in advance

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2 Re: Immediate Resignation on Thu Jun 15, 2017 4:39 pm

Jadis

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Reclusion Perpetua
A person who resigns from work is not entitled to separation pay unless the employment contract or company policy or the CBA says so. Separation pay is either 1 month's salary or 1/2 month salary for every year of service, depending on the circumstances stated under the law or contract.

Back pay or backwages legally refer to salaries which should have been due to the employee had the employee not been illegally dismissed. It is computed from the time the employee was deemed to have been illegally dismissed up to the time of reinstatement or failure of reinstatement with no fault on the part of the employer.

You can complain about the underpayment of your salaries, as you are legally entitled to collect the difference. If you resign without giving the required 30-day notice, the employer can go after you for damages.

I am peeved that people use the words backpay and separation pay loosely, as if these words did not have a specific legal meaning.

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3 Re: Immediate Resignation on Thu Jun 15, 2017 4:53 pm

elijahspaceluke


Arresto Menor
I know ignorance is not an excuse but still, sorry for using the words loosely. Thanks for pointing that out, too.

Baka pwede rin ako makapag negotiate ng mas maiksing period sa Management instead of 30 days.

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4 Re: Immediate Resignation on Thu Jun 15, 2017 5:48 pm

Jadis

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Reclusion Perpetua
That is up to you to try.

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5 Re: Immediate Resignation on Fri Jun 16, 2017 6:54 am

HrDude


Reclusion Perpetua
If you will be submitting a resignation letter which is immediately effective, the same would not affect your backpay. Note that the 30-day period as provided by the Labor Code is only a suggestion and the same is NOT mandatory. However, you may be liable for damages if you will not render, at least, 30 days. Note also that damages can ONLY be demanded from you by filing an action in the courts of law.

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6 Re: Immediate Resignation on Fri Jun 16, 2017 7:57 am

council

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Reclusion Perpetua
elijahspaceluke wrote:I know ignorance is not an excuse but still, sorry for using the words loosely. Thanks for pointing that out, too.

Baka pwede rin ako makapag negotiate ng mas maiksing period sa Management instead of 30 days.

Pwede naman.

(b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3. 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
4. Other causes analogous to any of the foregoing.

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