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immediate resignation

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1 immediate resignation on Fri Apr 22, 2011 8:25 pm

spaghetti


Arresto Menor
Hi.

May I ask for an advice.

I signed an employment contract which says "This employment contract shall be on a day to day basis..." I fully understand that it means I can be laid off anytime. But does that also mean that I can terminate my contract with them anytime? Can I file a resignation effective immediately?

At first I thought that the company is ok. But then after a few weeks, I realized that I do not like and I do not agree with the company rules. For example, I was tasked to inform other sales managers of their reports; in case that the managers will submit late reports, I will be made liable for them. These managers are not my staff.

I was also forced to file a 3-day leave. At first I thought it was just "encouraged" so I filed for a 2-day leave only (unpaid leaves since I am not yet a regular employee). But the HR manager said that it should be 3 days on that week because accdg to her the company do not allow leaves during their peak season.

Please advice. I am thinking of waiting to receive my salary first this coming payday and then give them my resignation letter effective the next day or 2.

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2 Re: immediate resignation on Sat Apr 23, 2011 9:07 pm

attyLLL


moderator
while i would say that a clause which says that an employment contract is on a day to day basis is illegal, i would also say that the company is estopped from claiming otherwise because they made the contract.


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3 Re: immediate resignation on Sat Apr 23, 2011 11:06 pm

spaghetti


Arresto Menor
erhmm, I hope I understood it right.

I can then terminate my employment with them anytime without the 30 day notice since it is them who made that contract. Smile

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4 Re: immediate resignation on Sun Apr 24, 2011 9:31 am

attyLLL


moderator
sorry, i lapse into legalese when i'm trying to be delicate.

the labor code requires you to give 30 day notice. this day to day contract can not supersede that. i cannot be telling you to simply ignore this requirement of law.

however, if you file an immediate resignation, and the company files an action for damages against you, then your defense is that they cannot now claim they are entitled to the 30 day notice because they were the ones who made the contract.


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5 Re: immediate resignation Today at 10:25 am

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