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immediate resignation

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101 Re: immediate resignation on Tue Jun 27, 2017 9:21 pm

HrDude


Reclusion Perpetua
5. Kung ayaw mag-render ng 30 days ang isang empleyado, siya ay pwedeng idemanda for 'damages'. And damages ay dapat actual at ito ay pwede lang isingil sa empleyado ng korte at hindi ng employer.[/quote]

Pede po ba pakilinaw yung dito sa number 5,  panu pong actual damages? pede po ba magbigay ng example? marami pong salamat[/quote]


Kailangan ng actual na halaga ng danyos. Ang halaga ng danyos ay dapat masosoportahan ng mga dokumento at hindi base sa haka haka lng.

Meaning... the amount of damages should be determinable and can only be demandaed by the employer by filing a civil case in court and for the court to determine the exact amount. If the court has decided that the employee is liable for damages, only then the employee will pay the amount. The employer CANNOT directly demand money for damages from the employee without going to court.

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102 Re: immediate resignation on Thu Jun 29, 2017 6:24 pm

JM001


Arresto Menor
HrDude wrote:5. Kung ayaw mag-render ng 30 days ang isang empleyado, siya ay pwedeng idemanda for 'damages'. And damages ay dapat actual at ito ay pwede lang isingil sa empleyado ng korte at hindi ng employer.

Pede po ba pakilinaw yung dito sa number 5,  panu pong actual damages? pede po ba magbigay ng example? marami pong salamat[/quote]


Kailangan ng actual na halaga ng danyos. Ang halaga ng danyos ay dapat masosoportahan ng mga dokumento at hindi base sa haka haka lng.

Meaning... the amount of damages should be determinable and can only be demandaed by the employer by filing a civil case in court and for the court to determine the exact amount. If the court has decided that the employee is liable for damages, only then the employee will pay the amount. The employer CANNOT directly demand money for damages from the employee without going to court.[/quote]

maraming salamat po!

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103 Re: immediate resignation on Mon Jul 24, 2017 3:21 pm

strawberry032815


Arresto Menor
Hi,

I have asked someone from the office to submit my resignation letter to my supervisor. I decided to resign immediately as soon as I found out that I am pregnant (7 weeks). Worse thing is that I might have a miscarriage, so the OB advised me to have a bed rest for 2 weeks. I want to make sure that my health and my baby's health wouldn't be at risk as work is currently requiring overtime and even weekend shifts (7 days a week). I talked to my supervisor even a week before but she kept insisting that "there's no such thing as immediate resignation". Thus she would not accept.

I want to confirm whether or not pregnancy is included on the exemptions for rendering 30 days (in our company 60 days) prior to resignation.

Now I am waiting for the management's feedback and keeping my fingers crossed that my records will be clean right after. Any thoughts? Thank you in advance.

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104 Re: immediate resignation on Mon Jul 24, 2017 7:30 pm

HrDude


Reclusion Perpetua
strawberry032815 wrote:Hi,

I have asked someone from the office to submit my resignation letter to my supervisor. I decided to resign immediately as soon as I found out that I am pregnant (7 weeks). Worse thing is that I might have a miscarriage, so the OB advised me to have a bed rest for 2 weeks. I want to make sure that my health and my baby's health wouldn't be at risk as work is currently requiring overtime and even weekend shifts (7 days a week). I talked to my supervisor even a week before but she kept insisting that "there's no such thing as immediate resignation". Thus she would not accept.

I want to confirm whether or not pregnancy is included on the exemptions for rendering 30 days (in our company 60 days) prior to resignation.

Now I am waiting for the management's feedback and keeping my fingers crossed that my records will be clean right after. Any thoughts? Thank you in advance.


NO, pregnancy is NOT an exemption as long as the same will not affect the work of the employee.

1. There is such thing as immediate resignation. If it does not fall under the exceptions provided by law, then the approval of the same would be considered as 'Management Prerogative'.
2. Pregnancy is not an exception. Even your OB requires you bed rest only. Hence, your pregnancy does not have to affect your work.
3. No one can force an employee to render OT if it does fall under Art 89 of the Labor Code. Also, the employer should at least give a day of rest to an employee.
4. I suggest you render 30 days or bargain for a shorter period OR at least, see to it that your resignation letter is 'received'. It is in this way that you can defend yourself if you are terminated later on based Job Abandonment as an incident of Involuntary Servitude can surely arise.

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105 Re: immediate resignation on Mon Jul 24, 2017 8:06 pm

lukekyle


Reclusion Perpetua
wag ka mag resign. instead inform your employer that the OB is requiring you to stay at home and rest (you may need a medical certificate)
After you have given birth and your maternity leave is over, go back to work and then file for resignation and render 30 days.

yung "immediate resignation may make you liable for damages if your employer sues

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106 Re: immediate resignation on Wed Aug 09, 2017 5:46 am

Illyasviel


Arresto Menor
Hello po. I've been working for 3 years na sa company. Nagtender po ako ng resignation sa company ko for 60 days because akala ko kaya ko pa. Pero mga after 1 1/2 mos hindi na po ako nakapasok due to severe depression and suicidal tendencies. It was very unbearable na po and ayoko na lumabas ng bahay and face other people. I was irrational and my mood swings were erratic - I just want to rest. I told this to my manager and HR and they asked for a med cert. wala po ako nabigay coz of a number of reasons (financial and anxiety of being labeled as crazy). Out of respect sa friend ko who will be my succssor, I dragged myself to work and turned over all my files on Sunday July 30 (medyo masakit pa po yung arm ko from self harm). I also printed an immediate resignation and placed it in my cabinet for safe keeping.

Then on Aug 1, I received an RTWO dated July 27, then sbi ko sa friend ko ibigay na ung immediate resignation ko. Nung tinanong ko po si HR kung na-acknowledged po ung immediate resignation ko, hindi daw po nila inapprove and I was tagged as AWOL na daw po. Is the decision valid po ba kahit na nagrender ako ng at least 30 days from my first resignation letter?

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107 Re: immediate resignation on Wed Aug 09, 2017 8:29 am

lukekyle


Reclusion Perpetua
yung 60 day requirement ba ay nasa contract mo?

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108 Re: immediate resignation on Wed Aug 09, 2017 11:53 am

Illyasviel


Arresto Menor
Wala po sya sa contract ko. Ang alam ko po kc matagal cla maghanap ng replacement kaya from my own volition ko ginawa ko na 60 days instead of 30 days. Akala ko po kc kaya ko pa ng 60 days.

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109 Re: immediate resignation on Wed Aug 09, 2017 1:39 pm

lukekyle


Reclusion Perpetua
ibig mong sabihin sinulat mo sa resignation letter mo yung final date mo?

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110 Re: immediate resignation on Wed Aug 09, 2017 2:11 pm

Lyricmuse


Arresto Menor
Hi all -

In my current company, my contract states that I need to render 60 days notice. If I am to shorten this, I am required to pay the company the amount commensurate to my daily rate multiplied by the number of days/weeks that I cut short of  the notice period.

I've already given my resignation, with 30 days notice. They are enforcing the 60 days notice on me. As I cannot work the 60 days, they have already advised our payroll vendor to hold my salary this 15th of August (effectivity of my resignation is 30th August).

Questions:

1) is the 60 days enforceable?
2) is it legal to hold my salary as early as now? (do note that other people who resigned before me, we only hold the salary on the pay period closest to the effective date - in my case, it is the 30th, supposedly)
3) there had been employees before who have resigned and had the same notice period clause as mine (some even 90 days) but they never enforced the notice period. is this something I can contest?

Thanks for your advice.



Last edited by Lyricmuse on Wed Aug 09, 2017 4:02 pm; edited 1 time in total (Reason for editing : corrected the wording)

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111 Re: immediate resignation on Wed Aug 09, 2017 3:49 pm

Illyasviel


Arresto Menor
ibig mong sabihin sinulat mo sa resignation letter mo yung final date mo?

Yes po sinulat ko po dun sa first resignation letter.

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112 Re: immediate resignation on Wed Aug 09, 2017 7:45 pm

lukekyle


Reclusion Perpetua
then u have to honor it. nakasulat kasi dun final day of work where u will be officially considered resigned. if mag stop ka any day before that u can be considered awol

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113 Re: immediate resignation on Wed Aug 09, 2017 8:26 pm

lukekyle


Reclusion Perpetua
@lyricmuse
1. yes it is.
2. hindi dapat ihold but pwede nilang ijusttify it as final pay parin. i believe if u file a complaint about #2 you may win
3. u wont win if ang reason for complaint is dahil yung iba pinayagan.

sa mga ni cite mo ang winnable is #2 but winning that would merely mean that u get your salary na. before you win a complaint it eill take you around 2 months from date of filing and thats the best case scenario na. dont expect to get anything "extra"

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114 Re: immediate resignation on Thu Aug 10, 2017 7:44 am

Illyasviel


Arresto Menor
What if i am mentally unstable to continue well within the period? So much so that my brain tells me to pick up the nearest ballpen and stabbed myself with it. I'm afraid that at this state, I am more of a danger to others than to myself. I have a history of self harm, and putting me back in there would trigger more depression and push me at breaking point. It's like forcing a cripple to dig his own grave and lay himself in it.

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115 Re: immediate resignation on Thu Aug 10, 2017 9:07 am

lukekyle


Reclusion Perpetua
yes then kelangan mo ng mo magsubmit ng medical certificate.

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116 Re: immediate resignation on Thu Aug 10, 2017 9:15 am

Lyricmuse


Arresto Menor
lukekyle wrote:@lyricmuse
1. yes it is.  
2. hindi dapat ihold but pwede nilang ijusttify it as final pay parin.  i believe if u file a complaint about #2 you may win
3. u wont win if ang reason for complaint is dahil yung iba pinayagan.  

sa mga ni cite mo ang winnable is #2 but winning that would merely mean that u get your salary na.  before you win a complaint it eill take you around 2 months from date of filing and thats the best case scenario na.  dont expect to get anything "extra"

thanks for the response, appreciate it.

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