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Help: How will I resign from my current job

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1 Help: How will I resign from my current job on Thu Feb 24, 2011 11:51 am

employee777


Arresto Menor
Help.

I've been working for my current employer for more than a year now, to be exact 1.5 years. Before I was hired, the President of the company told us that we [my colleagues and I] will be under a two-year contract [verbally, until now we were not given any written contract yet], we were fresh grads then, we don't have any idea regarding this contract thing that is usually given by employers. We expected that it will be given the moment we start working for the company,but until now we don't hold a copy of our contract, our mistake is that we never asked for it again. During that time I just want to gain experiences from my work, so I didn't care much about that verbal contract then. Now here comes a point where I want to resign already, I have been thinking about this since last year but I'm afraid to execute because it might cause some trouble regarding my post-employment documents since I'm not yet finish with my 2 year verbal contract, we were not even told what would be the consequence in case we don't finish it in two years.
Here comes a new problem for me,lately, we were told again by President verbally that since we have upcoming schedule for paid trainings (not sure about this, since I don't trust them anymore, so far all trainings I have been through since I got employed were all offered free from our partner companies), our employer asked us to extend our contract again to another year (that would be hell for another year and half for me, I really want to resign asap, I don't see any future for myself and for the company). I think I've had enough in this company, I have so many frustrations with them, I'm doing this for myself and for my future family.

By the way, we were regularized after 9 months, is that the standard/common practice for employers to regularized their employees?

Now, I have decided to apply to other companies, If I will be accepted to work for a new company (crossing my fingers on this one), how will I settle with my current employer smoothly? I'm afraid that my current employer won't give me a certificate of employment (former employees experienced this). Or if ever, how will I settle it with them to give me a CoE and all other significant post-employment documents, this is my priority, I don't care much about my backpay.


Please help me, this will be my first time resigning. Any inputs/suggestions/advice will be highly appreciated.

Thank you for your patience reading this post.

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attyLLL


moderator
you have the right to resign but you have to give 30 day notice in your resignation letter. you should have become a regular employee at 6 months.

I have not found a legal provision that requires the employer to issue a certificate of employment (ANYONE, please correct me if I'm wrong) or clearance,and this is what employers leverage against employees. try to negotiate an exit with docs.


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employee777


Arresto Menor
attyLLL wrote:you have the right to resign but you have to give 30 day notice in your resignation letter. you should have become a regular employee at 6 months.

I have not found a legal provision that requires the employer to issue a certificate of employment (ANYONE, please correct me if I'm wrong) or clearance,and this is what employers leverage against employees. try to negotiate an exit with docs.

Thank you for this! It somehow gave me more courage to continue with my resignation. cheers

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employee777


Arresto Menor
Atty,

Follow up question po, nakapagresign na po ako sa aking company. Problema ko nalang po is yung mga exit documents ko po. Bukod po sa Form 2316, Employment Certificate at Clearance ko, ano po ba mga importante na documents na dapat kunin ko po. And yung 2316 po ba e mandatory po dapat na binibigay kahit hindi ka pa resigned? thanks po ulit in advance

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attyLLL


moderator
it's my position that the 2316 can be demanded as a matter of right, but not the clearance.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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employee777


Arresto Menor
Atty, thank you so much.

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