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Breach of Contract

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1 Breach of Contract on Tue Feb 06, 2018 5:59 pm

lordschisto


Arresto Menor
Data:

Employee took a day off (no leave)
Employer: texted employee (asked nasaan ka? no reply or info given)

Later on the employer found out (nag aapply na pla sa ibang work at inaasikaso na ang mga requirements)

2 weeks passed (when the employer found out)

nag submit ng resignation letter and demanding to give her COE, which the employer denies since wala pang 30 days.

Employer agrees to let her resign if she has someone replace her but prior to that it was only nine days since the resignation letter is submitted, nangulit si employee na bigyan sya ng COE, so the employer was fed up sa pangungulit and decided to terminate the employee.

She has a two year contract, its clearly a breach, on the employees part.

The employee quotes the labor code that terminated employees should be given COE?

Question/s:
1. What are the employers options?
2. What does the word "terminated" mean sa labor code?

Thanks in advance!

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2 Re: Breach of Contract on Tue Feb 06, 2018 7:49 pm

lukekyle


Reclusion Perpetua
you cannot terminate an employee for resigning. you can accept her resignation and not make her render na the 30 days if you want to get rid of her.
COE is required to be given when an employee is severed from the employer. there is no deadline or timetable when you have to give it to the employee, however DOLE will call you up and ask for a deadline if employee approaches them. I have seen COEs were the previous employer/hr was really mad and had written “on july 2*, 2016 made 17 erroneous accounting entries” also that she failed to finish her signed contract. This from one of the biggest engineering firms in the country.

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3 Re: Breach of Contract on Tue Feb 06, 2018 7:51 pm

lukekyle


Reclusion Perpetua
and if you do accept her resignation then she will not be in breach of contract

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4 Re: Breach of Contract on Wed Feb 07, 2018 3:46 pm

HrDude


Reclusion Perpetua
lordschisto wrote:Data:

Employee took a day off (no leave)
Employer: texted employee (asked nasaan ka? no reply or info given)

Later on the employer found out (nag aapply na pla sa ibang work at inaasikaso na ang mga requirements)

2 weeks passed (when the employer found out)

nag submit ng resignation letter and demanding to give her COE, which the employer denies since wala pang 30 days.

Employer agrees to let her resign if she has someone replace her but prior to that it was only nine days since the resignation letter is submitted, nangulit si employee na bigyan sya ng COE, so the employer was fed up sa pangungulit and decided to terminate the employee.

She has a two year contract, its clearly a breach, on the employees part.

The employee quotes the labor code that terminated employees should be given COE?

Question/s:
1. What are the employers options?
2. What does the word "terminated" mean sa labor code?

Thanks in advance!

ALL separated employees are entitled to COEs (be it conditional or not).

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5 Re: Breach of Contract on Wed Feb 07, 2018 7:12 pm

lordschisto


Arresto Menor
Thank you Smile

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