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Sec 10, Rule 14,Book V Labor Code

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1 Sec 10, Rule 14,Book V Labor Code on Sat Jan 06, 2018 10:37 am

A.layug


Arresto Menor
Hi po,I need an advice po regarding my current situation.I am employed in a college and the first contract that they asked me to sign was a probationary contract for five (5) months,then I had to resign due to personal reasons so I submitted a resignation letter that mentions I will still be finishing my probi period,after that I was able to resolve my issues and decided to retract my resignation. Thay asked me again to sign a contract for again a probationary period of one (1) year. Now I have once again decided to resign from the said college and has already passed my resignation letter and rendered more than 30 days. But the head does not want to sign my resignation and told me that I have to finish my contract. I told them that I will be looking for my replacement but then the head said that even if I am able to find a replacement he will still hold my other documents and if I am unable to find one he will not give me even my COE. I was also asking for a copy of the contract that I signed but the HR was not able to give me a copy. The HR said that the college is willing to terminate the contract given that (she said as it was stated in the contract) that I will finish the semester. But I am unable to do that because I already need to start in my new job. I hope that you will be able to help me out.They also want me to bargain with my new employer that I still need to attend work here for atleast twice a week until this coming March because that will ony be the time that the new employee will be available.I hope to hear from you.Thank you.

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2 Re: Sec 10, Rule 14,Book V Labor Code on Sat Jan 06, 2018 1:15 pm

mikos23

avatar
Reclusion Perpetua
I think this is the 2nd time you posted the same content you should wait for someone to answer it instead of posting another copy of your query.

looking at your "SUBJECT" - Sec 10, Rule 14,Book V Labor Code, your concern is about your Certificate of Employment? Yes you are entitle to it. You can insist it from the HR but be wary that they might write something there that would be detrimental to you such as "until his immediate / sudden termination of employment / contract on Jan 6, 2018".

Termination is just a term that can be interpreted differently by the one reading it. For them, you terminated your employment so that's what they can state that in the COE, but for you, your interpretation is resignation.

Hope this helps.

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3 Re: Sec 10, Rule 14,Book V Labor Code on Sat Jan 06, 2018 1:34 pm

A.layug


Arresto Menor
Sorry I'm just really desperate at this time. They actually want me to continue working for them until my replacement is available but I cannot do that because I need to start with my new job and in order to do that I need my clearance,COE and other documents but they are refusing to have these documents released and are threatening to sue though I have already rendered and cleared everything I needed to do.

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4 Re: Sec 10, Rule 14,Book V Labor Code on Sat Jan 06, 2018 1:57 pm

A.layug


Arresto Menor
can they sue me given that my position is a probationary employee,I do not have a copy of my contract and I have followed the proper way of resigning from my job? I was also able to look for my replacement though she won't be able to immediately start.

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5 Re: Sec 10, Rule 14,Book V Labor Code on Sun Jan 07, 2018 6:07 pm

mikos23

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Reclusion Perpetua
yes they can sue you for breach of contract.

From what I know, it is always different in the education industry. Teachers contract are always made per sem or per year. It is really hard to look for replacement in the middle of the school year so 39 days notice might not be applicable to you.

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6 Re: Sec 10, Rule 14,Book V Labor Code on Sun Jan 07, 2018 7:42 pm

A.layug


Arresto Menor
I'm actually not a teacher but a librarian,I was also able to find them my replacement but she will only be available this March and the agreement was once I find a replacement they will clear me and give me my documents except a good moral.

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7 Re: Sec 10, Rule 14,Book V Labor Code on Mon Jan 08, 2018 7:00 am

mikos23

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Reclusion Perpetua
ganito na lang advice ko.. hanap ka ulit ng kapalit na makakapag start agad para makuha mo yung documents na kailangan mo at ma clear ka na, otherwise:

worst case scenario - file ka sa DOLE, may sena, hearing, ubos oras at pera, mag absent ka sa new work mo, by the time matapos kayo lagpas na ng march yan.

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8 Re: Sec 10, Rule 14,Book V Labor Code on Mon Jan 08, 2018 7:20 am

A.layug


Arresto Menor
Kung sana na ganun lang din kabilis makahanap ng kapalit ko na mag start po agad. Ang hirap din po kase nun dahil konti lang din kame. Pero sige po.Salamat.

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9 Re: Sec 10, Rule 14,Book V Labor Code on Mon Jan 08, 2018 4:52 pm

HrDude


Reclusion Perpetua
1. It is NOT your responsibility to find a replacement.
2. NO ONE can compel you to work if do not want to work anymore. Such is tantamount INVOLUNTARY SERVITUDE. The Philippine Constitution prohibits this.
3. NOTE: You signed a probationary contract. One way of terminating a proby contract is through resignation.
4. You cannot be charge with Breach of Contract. The same is only used in Civil Cases. There is no 'breach' here at all.

You must have a copy of your resignation letter 'received' at least by your HR (even though) not approved. This would be your evidence for a complaint, if needed.

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10 Re: Sec 10, Rule 14,Book V Labor Code on Mon Jan 08, 2018 8:55 pm

A.layug


Arresto Menor
I was asking the HR personnel again today for the nth time a copy of my contract.A printed black.and white tangible copy.But she sort of cringed and said that she will just send me the photos of the contract.Is that even allowed? Sending a photo of the contract instead of giving your employee a copy?

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11 Re: Sec 10, Rule 14,Book V Labor Code on Tue Jan 09, 2018 7:38 am

mikos23

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Reclusion Perpetua
Sorry I beg to disagree with #2-3 of what HR DUDE stated.

Stating part of the article wrote on Dear PAO, manilatimes.net Jan 6, 2016 by Chief Public Attorney Persida Acosta

“a provision in the employment contract regarding lock-in period or prohibiting an employee from resigning or otherwise terminating his employment before the end of the period stated therein is valid because parties to a contract are free to establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order or public policy (Article 1306, Civil Code of the Philippines).

Based on the foregoing, your employment contract with a fixed term and containing a lock-in period is valid and binding upon you provided that you knowingly and voluntarily agreed thereto. Hence, you are bound to comply with the provision thereof in good faith. A violation of any of the provisions in the contract constitutes breach of contract that may hold you liable for damages. This is not considered unfair even if it turn out later that the terms became unfavorable to you.”

In an educational institute / setting, it is hard to find competent workers since those are already working during the school year. It will take months get the right candidates, thus the reason for setting a “lock-in” period to the contract of the employees.

anyway, everything is always based on the interpretation of the law by the lawyers and how good their argument is. my advice still, even if it is not your responsibility to find a replacement, help them find one asap in order for you to get what you want.

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12 Re: Sec 10, Rule 14,Book V Labor Code on Tue Jan 09, 2018 4:58 pm

HrDude


Reclusion Perpetua
Your reasoning is misplaced my friend. It's good that you used the Civil Code provisions on Contracts.

It is true that the Civil Code suggest that damages may be awarded if there is breach. However, the Civil Code does not state that an employee CANNOT resign.

Take note that  A.layug used 'Probationary Period' and it is assumed that the signed a 'Probationary Contract' and NOT a Contractual employment (with a fixed Term). He used the term 'probationary period of one year'. Probationary employment is NOT the same as Contractual employment (with a fixed term)

Take note that the probationary period is a period given to an employee who will be observed and evaluated to determine whether or not he is qualified for permanent employment. A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of the employee to determine if the latter is qualified.

Note also, that the EMPLOYER can terminate the services of an employee if he is not qualified even before the probationary period lapses.

Besides, even if an employee has singed a Contractual Employment whereby the contract is for 10 years, the employee can always RESIGN provided that he bears the consequences of his resignation.

NOTE that not even the President of the Philippines can compel anyone to work against their will as this is synonymous to slavery. No less than the Constitution prohibits this.

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13 Re: Sec 10, Rule 14,Book V Labor Code on Wed Jan 10, 2018 5:58 pm

attyLLL


moderator
the rules are different when it comes to universities and schools. you have to finish the school year else you can be liable for damages. if you really can't wait then you face the risk that the school will take some form of action


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