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immediate resignation

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1 immediate resignation on Thu Jul 07, 2011 3:32 pm

josejuan


Arresto Menor
Hi,

Can I be sued by the company if I decided to to file my immediate resignation? I did not sign any contract from them even on my first day of job. My boss threatening me if I choose to leave the company immediately, hahabulin nila ako sa kumpanyang lilipatan ko. Please need your help.

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2 Re: immediate resignation on Thu Jul 07, 2011 4:19 pm

The labor codes recognizes two kinds of resignation – without cause and with cause. If the resignation is without cause, the employee is required to give a 30-day advance written notice to the employer, to enable the employer to look for a replacement to prevent work disruption. If the employee fails to give a written notice, he or she runs the risk of incurring liability for damages.

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3 Re: immediate resignation on Fri Jul 08, 2011 12:00 pm

josejuan


Arresto Menor
lawddesign wrote:The labor codes recognizes two kinds of resignation – without cause and with cause. If the resignation is without cause, the employee is required to give a 30-day advance written notice to the employer, to enable the employer to look for a replacement to prevent work disruption. If the employee fails to give a written notice, he or she runs the risk of incurring liability for damages.


Thanks sir,

Pag ang regular holiday po ba nag fall ng sunday bayad pa rin ba yun? fixed salary po ako above minimum. hindi kasi kasi sinama yung june 12 sa salary namin pero nung nakaraan holy week binayaran kami pati nung May 1 bayad. pde bang grounds yun for immediate resignation?

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4 Re: immediate resignation on Fri Jul 08, 2011 2:27 pm

you can always resign even without a cause so why bother to make nonpayment of legal holiday as a ground.

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5 Re: immediate resignation on Sat Sep 17, 2011 1:46 am

shoppefloor


Arresto Menor
My friend also resigned from his company he's been working with for the last 7yrs. On his resignation letter he said it's an immediate resignation as he needs to start working for another company but he was asked to render 1 week of work and so he did.
After 2weeks, he received his final pay only to find out that they don't want to give his 13th month pay. The Payroll woman told him "tawag tawag ka na lang kung makukuha mo pa ang 13month pay mo!"

He also did not sign any contract when he started with this company 7 years ago.
There's no quit claim given to him, just a small printed copy of his payslip.

Is this a case that we should bring up to NLRC?

His company also does not recognize Sick Leaves or Vacation Leaves as they were advised that they are only allowed 10 days worth of leaves (that's for both VL & SL)

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6 Re: immediate resignation on Sat Sep 17, 2011 12:13 pm

attyLLL


moderator
the law requires only 5 days of leaves. if more, it's up to the company.

he is entitled to a proportionate 13th month pay. he should give a demand letter first, then allow the company a max of 30 days. after which, he can file a complaint at the nlrc.


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7 Re: immediate resignation on Mon Oct 03, 2011 12:10 am

RicaVillaroel


Arresto Menor
lawddesign wrote:The labor codes recognizes two kinds of resignation – without cause and with cause. If the resignation is without cause, the employee is required to give a 30-day advance written notice to the employer, to enable the employer to look for a replacement to prevent work disruption. If the employee fails to give a written notice, he or she runs the risk of incurring liability for damages.

Sir,

Tanong ko lang po kasi di ko naiintindihan masyado you '2 types of resignations: without cause and with cause'. What is the difference between the 2 po?

Also, If immediate resignation talaga as in from the date of the receipt ng resignation letter, is it really necessary to render 30 days? reason po ng immediate ay new work and start na within the next 2 to 3 days sa bagong trabaho so hindi na talaga makapagrender the 1 week, 2 week or 3 weeks or 30 days..

Isa pa po, yong last pay mo ang hindi maibigay until you're cleared sa company what if let's say cut off the pay is on Sept 30, 2011 (15 days)and salary will be released on October 10. But you've submitted the immediate resignation notice October 4, so that's for another cut off which is gonna be your last pay literally. Question, Makukuha mo pa ba yong pay mo for October 10 or considered na yon na last pay mo?

Salamat po.

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8 Re: immediate resignation on Mon Oct 03, 2011 12:24 am

attyLLL


moderator
if the company will allow the immediate resignation, then that's fine. if not, the labor code requires you to render 30 day notice and failure allows the company to claim damages.

whether you will receive your salary depends on the decision of the company.


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9 Re: immediate resignation on Fri Jun 29, 2012 1:56 pm

alychB


Arresto Menor
hi, im about to resign immediately in my current work and im thinking if it's ok or depends in the company to let me do so. im about to start in my new job in a week or so, so im planning to resign immediately to report in my new job. is it a practice to charge damages to an employee who leaves the job immediately knowing it's just a new and small company (restaurant). by the way my contract with them is about to end in august. what advice can you give me to prevent problems and how about my back pay and certificate of empoyment etc.

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10 Re: immediate resignation on Fri Jun 29, 2012 7:41 pm

attyLLL


moderator
they normally retaliate by withholding last salary and certificates.


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11 Re: immediate resignation on Sun Jul 01, 2012 4:16 pm

alychB


Arresto Menor
what possible charges/damages the company can claim because of the 30 days notice?? coz i really wanted to resign immediately.

Im really not happy with my job and what is happening within them talking about things that i and my co workers didn't do. They speculate and say things to us. also, they let me do tasks that are not in my job description.

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12 Re: immediate resignation on Sun Jul 01, 2012 4:21 pm

alychB


Arresto Menor
they can withhold my salary and certificate but how long? what if it takes 2 months or so. what can i do with it or what actions can i make?

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13 Re: immediate resignation on Mon Jul 02, 2012 10:13 pm

attyLLL


moderator
a tactic can be to pretend to request for a certificate of employment and say that it's for a loan, then resign after payday.


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14 Re: immediate resignation on Sat Oct 06, 2012 1:47 am

Ally2012


Arresto Menor
Hi po. I tendered my resignation 4 days ago. And stated in my resignation letter that much that i wanted to render 30 days of service I cant. Because a rare good opportunity that can provide a better living and opportunity for my family is waiting for me. Napaaga kasi ang flight namin.

We all know to have a good life is a human right. My question is can the labor code that says 30 days notice hamper that right? Is'nt it enough reason for them to accept my resignation thus allowing me for clearance and monetary claims?

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15 Re: immediate resignation on Sat Oct 06, 2012 1:51 am

Ally2012


Arresto Menor
Another question po, in case an immediate resignation was accepted, would it mean a resigned employee retained his right for terminal benefits? Thank you so much po.

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16 Re: immediate resignation on Mon Oct 15, 2012 12:33 pm

danzky


Arresto Menor
Hello there.

Pwede ba yung 60 days notice nakalagay sa contract before magresign? pls help me. Gusto ko magresign dahil may discrimination at d maganda ugali ng mga boss kong Indiano. Just started Oct 1, 1 week palang parang gusto ko na umalis dahil bastos sila sa mga pilipino. pero nakapirma ako contract, pwede ba nila ako i force na sundin yung 60days na notice? need work kasi kaya i take the risk pero dko alam na ganun pala mga ugali nila. : (

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17 Re: immediate resignation on Mon Oct 15, 2012 2:15 pm

attyLLL


moderator
imo, no, it is not enforceable/ 30 is what is required by law


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18 Re: immediate resignation on Fri Oct 19, 2012 4:46 am

Markeflores


Arresto Menor
Hello Atty's,

I immediately resigned po sa company, then sinurreder ko po lahat ng mga company properties na sa akin thats way back 2010.

Last June 2012, humingi po ako ng appoinment sa HR nmin para po sa exit interview ko. Binigyan po nila ako ng scedule then pumunta po ako July 2. Pumirma po ako sa exit interview ko for clearance at pinangakuan po ako na after two months makukuha ko yung employment certificate ko at final pay. Nag eemail po ako sa kanila parati to follow up yung status dahil halos 3 months na po ang nakakaraan till now eh hindi parin po nila nirerelease yung final pay ko. Puro po sila pangako sa email na ok na po lahat. Nalaman ko po na nawawala daw po nila yung resignation letter ko na kailangan daw nila i attached sa clearance ko at nangako sila na gagawan n lng daw po nila ng incident report. Hindi po ba sakop ng 2 months process nila yung documentation at computations ng final pay ko? Ano ang po pwede kong gawin? Pinaasa po nila ako ng husto, nakasave po lahat sa email account ko yung trail ng pag uusap namin. May habol po ba ako sa company kung hindi po nila ibigay yung claim ko samantalang pinangakuan na ako na makukuhako thru email? Maraming salamat po sa advice.

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19 Health Reason for Immediate Resignation on Sun Jul 27, 2014 7:27 pm

iamSophia


Arresto Menor
Hi atty. Just want to ask if what are my rights about this case. I'm about to file an immediate resignation to the company that I'm working in right now. It's because of my health and being on a graveyard shifts a big factor which aggravates my illness. The case is, my gynecologists is not issuing any unfit to work certification which is the requirement for my immediate resignation. I really can't go to work with what my body is experiencing right now. What best action should I take regarding this matter? Thanks!

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20 Re: immediate resignation on Sun Jul 27, 2014 7:43 pm

council


Reclusion Perpetua
iamSophia wrote:Hi atty. Just want to ask if what are my rights about this case. I'm about to file an immediate resignation to the company that I'm working in right now. It's because of my health and being on a graveyard shifts a big factor which aggravates my illness. The case is, my gynecologists is not issuing any unfit to work certification which is the requirement for my immediate resignation. I really can't go to work with what my body is experiencing right now. What best action should I take regarding this matter? Thanks!

If your doctor does not issue a certification then you must comply with a 30-day notice for resignation. Otherwise you may be tagged as AWOL.

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21 Re: immediate resignation on Wed Sep 17, 2014 4:28 pm

agent_vgb


Arresto Menor
Hi!

I was hired by a certain recruitment company last September 5, 2014. I signed their contract stating that if I terminate my contract prior to 4 months I need to pay 100K bond (or any amount that is equivalent to the damages caused by my resignation) and I need to tender a 60 days notice period. I tendered my resignation yesterday saying that I can only tender 30 days of notice and not 60 days notice, but my director told me he can't approved that since what is in my contract is 60 days.

Questions:
1. Is the bond legal?
2. If I pay the bond can and I didn't observe the 60 days notice period, can I be sued by the recruitment firm?
3. If I pay the bond, stayed in the recruitment firm for 30 days only and went AWOL will I be sed by the recruitment company?

FYI.
I'm a contractual employee and we are observing a NO WORK NO PAY policy.

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22 Re: immediate resignation on Thu Nov 06, 2014 11:37 am

chris22tor


Arresto Menor
Hi, In may case, i didn't accept my regularization a day before expiration of my probationary contract, my employer ask me to render 30 days notice even my contract already expired for turn over purposes.

i would like to know if this is legal or not and if its ok not to do this 30 days notice?

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23 Re: immediate resignation on Thu Nov 06, 2014 1:00 pm

council


Reclusion Perpetua
chris22tor wrote:Hi, In may case, i didn't accept my regularization a day before expiration of my probationary contract, my employer ask me to render 30 days notice even my contract already expired for turn over purposes.

i would like to know if this is legal or not and if its ok not to do this 30 days notice?  

IMO your "contract" did not expire.

You cannot refuse the regularization. If you must, then you resign, then it is the company's decision to accept it with immediate effect or not.

Then the company did not accept the immediate resignation.

Your status changed on that date to regular, thus if you wish to leave you should render the 30 days required notice.

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24 Re: immediate resignation on Thu Nov 06, 2014 1:59 pm

chris22tor


Arresto Menor
[quote="council"]
chris22tor wrote:Hi, In may case, i didn't accept my regularization a day before expiration of my probationary contract, my employer ask me to render 30 days notice even my contract already expired for turn over purposes.

i would like to know if this is legal or not and if its ok not to do this 30 days notice?  

IMO your "contract" did not expire.

You cannot refuse the regularization. If you must, then you resign, then it is the company's decision to accept it with immediate effect or not.

Then the company did not accept the immediate resignation.

Your status changed on that date to regular, thus if you wish to leave you should render the 30 days required notice.



it means i'm already a regular employee even i write to them that i declined my regularization, but they accept my letter but they want me to stay for 30 days notice.

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25 Re: immediate resignation on Thu Nov 06, 2014 2:35 pm

council


Reclusion Perpetua
chris22tor wrote:it means i'm already a regular employee even i write to them that i declined my regularization, but they accept my letter but they want me to stay for 30 days notice.
[/quote]


You're probably the first ever to decline a regularization.

They accepted your letter, as a resignation, but the LC requires a 30-day notice.

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26 Re: immediate resignation Today at 2:46 pm

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