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Resignation Concern

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1 Resignation Concern on Tue Jan 16, 2018 5:02 pm


Arresto Menor
Hi I would like to ask for help po regarding sa concern ko po.
I resigned from my company last december with a 30 days effectivity pero hindi ko na po pinasukan yung 30 days q na effectivity kasi po ngfile na po aq ng offset po sa lahat ng overtime na narendered q sa company. Pero hindi napproved ng boss q yung offset request q kasi sabi nya wala daw kami noon sa company and now I'm still pursuing this matter sa kanila. But what my boss did is that he maid claims po na I leave my work in untimely manner and thus he send me a show cause letter to explain my side to him but hindi ko po ginawa kasi po alanganin aq unless meron po aqng legal counsel na kasama. So right now ngsend nmn po sila ng demand letter to explained my side sa kanila and tunr.over company things sa kanila po or else they will terminate me.

What should i do?May habol po ba aq sa claim q sa offset requeast q for my overtime if nakastate sa contract signed q we are not encourage for overtime during working days, rest day at holiday and that its our prerogative to work without looking for extra pay from my employer?


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2 Re: Resignation Concern on Wed Jan 17, 2018 7:15 am


Reclusion Perpetua
1) If you are supervisory level or more, then it is correct that your contract will state that you are not allowed any overtime / holiday pay.

2) Offset is not allowed as per law. But some companies made accommodations to their employees who are supervisory and up that render over 8 hours of work per day to have those work hours be used like leave credits. And just like availing leaves, it should be "APPROVED" otherwise if you did not report to work on the un-approved filed offset day, it will be considered as Absence Without Official Leave (AWOL).

3) A show cause letter, or sometimes known as Notice to Explain (NTE) is a simple letter that says: this is what you have done, this is a probable violation of the code of conduct on...., we want to hear your side of the story and tell us why we should not penalize you. Refusing to answer a showcause letter would be that you let go of your right to be heard.

here is my advice - umalis ka ng maayos para maganda ang record mo sa kanila (render 30 days and give proper turn over), otherwise, this bad record may become a reason for you not to be hired in your future application (lalo na sa kumpanya na gusto mo talagang mapasukan) or hinder your promotion in a company.

Hope this helps.

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3 Re: Resignation Concern on Wed Jan 17, 2018 7:17 am


Reclusion Perpetua
Sagutin mo yung letter nila. Hindi mo naman siguro kailangan ng abugado para sumagot lang.

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4 Re: Resignation Concern on Wed Jan 17, 2018 7:39 am


Arresto Menor
To Sir mikos23
Sir thanks for this info it helps, I'm not in a supervisory level just a technical personnel thus my contract that states no overtime can be waived if that is their claim against me?

My boss also doesn't want to approved myboffset because he close minded without he is telling that it is not allowed in our company where in fact its already been he also reply to my request by texting me such as "explaint it to me personally your request at tingnan natin kung uubra?" So with this po wala talaga xang planung iapproved yung offset q kasi just like sa iba ko ring kasamahan hindi rin inapproved yung request nila noong kinausap nila yung boss kasi dinaan lng sila sa lakas ng boses kaya thats ones of the main reason why i never still response to their show cause or demand letter unless i do have some legal counsel because po aq po ang argabyado pag ganun po.

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5 Re: Resignation Concern on Wed Jan 17, 2018 11:17 pm


you cannot offset overtime with regular hours. you do have to render a proper 30 day notice period prior to resignation

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6 Re: Resignation Concern on Sat Jan 27, 2018 1:22 pm


Arresto Mayor
walang nalalabag na batas ang supervisor mas lalabas pa na ikaw ang lumalabag kung i insist mo yung offset na yan. Sagutin mo yung letter dun mo sabihin and dahilan mo. reminder po you have to render 30 days wala po sa labor law ang offset ng overtime.

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7 Re: Resignation Concern on Tue Feb 06, 2018 12:00 pm


Arresto Menor
Good day po.. isa po akong teacher sa private school. natanggap po ako sa public school ng Jan.23,2018 then a day after po nag file ako ng resignation pero iba po ang dinahilan ko. Ang reply ng school director sa resignation letter ko nasigned ng principal ay "You still have your contract right and if you still insist the school will be forced to file a case against you at the PRC to revoke your PRC License I suggest that you should finish until the 3rd trimester exam.

Then few days po nalaman nla ang totoo reason kung bakit ako nag resigned which is an another employment from other school. "nakalagay daw po sa manual namin na bawal un kaya ang gagawin nla mag fifile sila ng administrative case sakin sa PRC para marevoke license ko plus they will write a complaint against me sa division office para ihold ako. Kaya po ang ginawa ko kinausap ko yung division office sa public school stating na hndi ko na matutuloy yung employment ko dahil nagka conflict sa current employment ko..

Question po: Possible po ba na matanggal yung PRC license ko dhl sa ififile nila na case considering na hndi naman ako nag awol sa knila and hndi ko na tinuloy yung employment ko sa public school

thank you po

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8 Re: Resignation Concern on Tue Feb 06, 2018 1:13 pm


Reclusion Perpetua
Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching Profession, and Cancellation of Temporary or Special Permit. The Board shall have the power, after due notice and hearing, to suspend or revoke the certificate of registration of any registrant, to reprimand or to cancel the temporary/special permit of a holder thereof who is exempt from registration, for any of the following causes:

(b) Immoral, unprofessional or dishonorable conduct;

Yes it is probable. But decision will be up to PRC, and it will depend on the evidences presented.

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