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Irregularity or my misunderstanding

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1 Irregularity or my misunderstanding on Thu Mar 17, 2011 10:10 pm

mike.pagulayan


Arresto Menor
Hi Sir/Madame,

I would like to ask for help on understanding the part of my contract discussing notice period and termination. Should I give 30 day notice period or 60 day notice period if I resign? Here is the said section:

"You are required to give a sixty(60)-day notice to your immediate manager in the event that you plan to terminate your employment with (my company). This is as per article 285 of the Philippine Labor Code, which states, 'an employee may terminate without just cause the employer-employee relationship by serving a written notice to the employer at least one month before the effectivity date'".

Please help.

Thank you.

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2 Re: Irregularity or my misunderstanding on Fri Mar 18, 2011 8:16 pm

council


Reclusion Perpetua
Follow the 60-day notice.

The 30-day notice is only the minimum.

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3 Re: Irregularity or my misunderstanding on Fri Mar 18, 2011 11:26 pm

attyLLL


moderator
council, please allow me to give another position.

employment contracts are imbued with public interest so they are not simple contracts where the parties can agree on whatever they want because employer and employee are rarely negotiating the contract as equals.

resignation is a right granted to an employee. i would argue that a notice period more than 30 days is not enforceable unless there is a compelling reason such as when there is a real shortage of possible replacements. of course, this is just my opinion.

if you want a risk free resignation, then give 60 day notice.


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