Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Resignation of Key Personnel

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Resignation of Key Personnel on Sat Jul 22, 2017 11:37 pm

julhal


Arresto Menor
Im the Finance Manager of 2 companies (reporting directly to the President & Chairman-who were siblings) but because the current working relationship I have with the President made me decide to resign effective June 15 (resignation letter was submitted and received May 10).

Our chairman is very kind and soft-spoken, She don’t want me to resign and the fact that they still can’t find someone to replace my position so I decided to extend the effectivity of my resignation- July 28.

However, the wife of the President now involves in the operation of the 2 companies and we are not compatible in terms of values and practices. Everyday she made my life stressfull at work by demanding an impossible work deadline, always yelling and telling that im slow, that accounting is a very easy task, why it took me a week to produce an FS and teaching me what to do in the accounting. While his bf- the President who believes in every word that she’s saying also gave comments that I am “bobo” and do not know Accounting.

I cried and told all these things to our chairman but she told me to try to understand him and bear a little patience and just follow what he wants. My staff handed me a 3 pages documenting all what they claimed were my “palpak” and they proposed to outsource the acctg. dept. to the mother of our hr consultant and do a rigid audit and turn-over.

I am very clean and with integrity I can declare that I don’t have anything to hide. But what really pestering me are the bad words that circulating in the office that already stressing me that lead my blood sugar up (I am diabetic btw).

July 28 is my last day and I still have 4 days leave, still don’t have a replacement but I have done my turn over to my 2 new staff.

Question : HR want me to revise my resignation and change the date from June 30 to July 30.
They told me that they will not sign my clearance if I will not follow their protocol of resignation process. (I am the one who made the company process and it stated that only 30 days notice of resignation)
Can I still leave the company even if I still don’t have a replacement?
What will happen to my 4 days leave? Will they still pay me?

Im planning to draft a letter to our chairman so I will greatly appreciate if you can help me answer my 4 questions. If the chairman will negate my letter then I will consult a lawyer and file a case against them.

Thank you in advance.

View user profile

2 Re: Resignation of Key Personnel on Mon Jul 24, 2017 7:41 pm

HrDude


Reclusion Perpetua
Can I still leave the company even if I still don’t have a replacement?

YES of course, it is not your problem if the company cannot find your own replacement. What if you cannot find a replacement for 5 years? Then you are stuck with them? This should not be your problem anymore, just render the required 30-days or finish the own recommended effectivity date of your resignation.

YES, they are obligated to pay you assuming that the same are convertible leaves.

Always have a copy of your resignation with you even if the same was just 'received' and not 'approved'. it is in this way that you can defend yourself against Involuntary Servitude.

View user profile

julhal


Arresto Menor
In relation to my post, I've finally rendered my resignation w/ effectivity-August 04 and have done rigid/detailed turn-over with the business devt consultant (live-in partner of the President of the other company), hr consultant, accounting firm who handled the accounting after my resignation, the personal accountant of the chairman and my 2 accounting staff.

Detailed documentation were signed & received.

Its been 2 & 1/2 months after I resigned and the company policy states that 30 days after resignation the last pay will be paid.

Is it legal to hold my last pay? considering that it was not my fault if they dont find a replacement to my position? First resignation letter was received May 10 w/ effectivity June 15 and have been extended until August 4. Now they claiming that I have an incomplete turn-over?

I've also searched that among the best legal practices a
30-day notice extendible to a reasonable period – In some businesses, the 30-day notice might be short to give ample time for an orderly transition of work from a leaving employee. Thus, it can be agreed upon by the employer and employee that the notice be extended to a reasonable period which may be more than but not less than 30 days (e.g. 60 days) through the employment contract or the CBA.

I already consulted a lawyer & they have advised that I can file a case with my employer "unpaid wages & benefit" but I have a 2nd thought considering that my last pay will only goes to the lawyer's fee. And also read from one of the post that filing a case should be in NLRC (w/c is less expensive).

BTW, I am the appointed President of the company so the lawyer advice me that it was not a labor case.

Please need your help so I can make an action ASAP.

Thanks and God bless!

View user profile

4 Re: Resignation of Key Personnel on Wed Oct 18, 2017 7:01 am

mikos23


Reclusion Perpetua
My advice is to be patient, just follow up once a week on the status and they will eventually release it. You already have a job so you are not desperate for your final pay.

If you have no patient for that, then go ahead and file for non payment of wages but it will consume your time, money and other resources. It's up to you.

View user profile

5 Re: Resignation of Key Personnel on Wed Oct 18, 2017 7:03 am

mikos23


Reclusion Perpetua
Btw, when you do follow up, do it to the chairman that you are closed to. Make it look like an inquiry than a demand.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum