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Refusal of Regularization

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1 Refusal of Regularization on Tue Apr 03, 2018 1:49 am

novice_emp


Arresto Menor
I have written a letter of intent that I do not wish to be regularized in my current company less than 2 weeks before my probation ends. They want me to render a one month notice though this period will be way past the probation period making me a regular by law. I was told that I will still be regularized and my non-acceptance of regularization will be treated as resignation.
Isn’t the probation period a 6 month contract which if I don’t wish to be regularized, I can just finish the period I signed for? And if I have to stay in the company more than that period, we have to both agree first either by formal contract or they let me continue working while I voluntary show up?
I told them my intent to just finish the 6 months but won't agree to it. If I finish that period and doesn't show up the next day, can they sue me for anything or hold my last pay? I won't be under contract then so I don't think it's AWOL.

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2 Re: Refusal of Regularization on Tue Apr 03, 2018 8:09 am

HrDude


Reclusion Perpetua
Have your Letter of Intent be signed OR at least noted 'received'.

On the basis of 'Involuntary Servitude', no one can compel you to work against your will. If you intent not to be regularized and you have submitted a letter of intent for the same, as long as duly received, you can finish your employment by reporting for work until your probationary date.

If management has the right to refuse regularization to an employee, the employee also has the right not to continue employment by finishing his/her proby period. If extended beyond this date, the same has to have both the conformity of management and employee.

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3 Re: Refusal of Regularization on Tue Apr 03, 2018 11:59 am

Patok


Reclusion Perpetua
You should have submitted a resignation letter 30 days before your probation ends.

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4 Re: Refusal of Regularization on Tue Apr 03, 2018 3:15 pm

novice_emp


Arresto Menor
I sent it through email. Is it considered received if we were able to discuss it face to face afterwards?

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5 Re: Refusal of Regularization on Tue Apr 03, 2018 6:04 pm

attyLLL


moderator
I would argue that an email would serve as sufficient notice although to my mind it isn't absolutely necessary. They will need your consent to extend the regularization, and if you do not give it, they cannot extend you without granting you regularization.


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6 Re: Refusal of Regularization on Tue Apr 03, 2018 11:00 pm

novice_emp


Arresto Menor
Does that mean that as long as I complete the probation period and return all issued equipments, they cannot refuse giving me a clearance?

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7 Re: Refusal of Regularization on Wed Apr 04, 2018 6:52 am

mikos23

avatar
Reclusion Perpetua
Yes, as long as you complete your probationary period.

Regarding clearance:

Giving you a clearance is easy, the hardest thing that you will encounter is having them sign that clearance.

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8 Re: Refusal of Regularization on Wed Apr 04, 2018 11:06 am

novice_emp


Arresto Menor
They are insisting laws on resignation rather than seeing it as contract end. Is there any law or regulation reference I could refer to support my case?

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9 Re: Refusal of Regularization on Wed Apr 04, 2018 11:44 am

lukekyle


Reclusion Perpetua
read your contract carefully. If it is a fixed date contract, you shouldn't have a problem. If it is the probationary period that ends not the contract itself then they are right, you will need to render 30 days.

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10 Re: Refusal of Regularization on Wed Apr 04, 2018 11:50 am

mikos23

avatar
Reclusion Perpetua
Both you and the company have merits in your arguments. There are few reference regarding this matter because the law is focus on the employee being "regularized" and not on the employee rejecting regularization.

With this let's focus on the separation. My advice is to have a good separation with your employer. by the way I see it is its just an additional 2 weeks for you. Are you in a hurry to leave? what is 2 weeks more vs separating with your employer in a not so good way. Remember, in the future, your future employer will do a background investigation with your previous employer. what would your record state?

hope this helps and good luck.

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11 Re: Refusal of Regularization on Wed Apr 04, 2018 5:21 pm

attyLLL


moderator
clearance is tricky because that's up to the employer.


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12 Re: Refusal of Regularization on Sat Apr 07, 2018 10:36 pm

novice_emp


Arresto Menor
Thanks for all the advise. In the end to stand my ground and not exceed more than what I signed up for.

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