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

Can I resign

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

1 Can I resign on Thu Sep 21, 2017 12:47 pm

Yell


Arresto Menor
Hi! I've been working as a consultant in a clinic once a week for 1.5 months now and I'd really like to resign. The contract ends after 6 months and it mentions the need to "pay liquidated damages according to Philippine law" if I dont fulfill the contract. My questions are:
1) Is it allowed to resign this early?
2) What damages can I pay given that I don't get any benefits, I get my pay at the end of the day, and they have never invested anything on me.

I already have other work places so job security is not a problem. I'd just really like to leave since this clinic is really taxing on me physically and mentally.

Thanks!

View user profile

2 Re: Can I resign on Thu Sep 21, 2017 12:57 pm

mikos23


Reclusion Temporal
It's your right to resign, but you have to pay the penalty like "damages" you have done with the clinic.

In my opinion, your damages for leaving the clinic could be the loss of their income. there could be more.

View user profile

3 Re: Can I resign on Thu Sep 21, 2017 2:31 pm

karl704


Reclusion Temporal
Liquidated dated damages are specific amounts stated in the contract which you must pay, if there is nothing clearly specified in your contract then there would be nothing to pay. What you might pay would be actual damages the clinic would be suffering for your sudden resignation and failure to render 30 days notice for them to find a replacement. If they find a replacement, there would be no reason for them to suffer any damage.

Better talk to the clinic and explain your predicament, they might understand and let you go with no issues. You could also just tender your resignation effective 30 days after, and see if they will raise the issue of damages.

View user profile

4 Re: Can I resign on Fri Sep 22, 2017 6:56 am

Yell


Arresto Menor
Thanks for the responses! Follow up question, what if I give a 30 day notice but they weren't able to find a replacement within that time? Would I still have to pay for damages? And yes, nothing specific was written on the contract regarding the amount of liquidated damages.

View user profile

5 Re: Can I resign on Fri Sep 22, 2017 2:32 pm

karl704


Reclusion Temporal
Then that would be the least of your concern. But they have to find one. or they might ask permission from you if you could extend your stay.

what is important is you followed the law on 30 days notice. Once you tendered your resignation, you will at least know or gauge whether they will deny or raise the issue on damages. if they ask you to undergo clearance processing, it means your resignation is granted. Once your resignation is granted, then your last day of work would end after 30 days, whether or not a replacement was hired.

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