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no employment contract, will resign.

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1 no employment contract, will resign. on Mon Jul 11, 2011 11:27 am

rage07


Arresto Menor
Hi,

I'am employed in certain company, for 7 months being employed until now my employer did not give us employment contract to signed in. Question can I just leave the company without getting liable since I haven't signed any contract with them? I'm planning to resign within two weeks.

Thanks,

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2 Re: no employment contract, will resign. on Wed Jul 13, 2011 12:01 am

attyLLL


moderator
you are still required to give 30 day notice


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3 Re: no employment contract, will resign. on Wed Jul 13, 2011 12:11 pm

rage07


Arresto Menor
thanks Atty.

Yeah I know there is a 30 day notice but since they did not presented an employment contract with us stating terms and conditions of leaving the company. It would only forfeit serving 30 day notice. Right?

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4 Re: no employment contract, will resign. on Wed Jul 13, 2011 2:04 pm

rchrd


moderator
Not right. You still have to comply with the 30 day notice. You still have a valid contract of employment even though there it is not yet in writing.

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5 Re: no employment contract, will resign. on Thu Jul 14, 2011 8:44 am

attyLLL


moderator
and even without a written contract, you are still an employee


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6 Re: no employment contract, will resign. on Wed Jul 27, 2011 3:53 pm

citizen


Arresto Menor
is it under the Labor Code that an employee needs to have that 30 days notice? thanks.

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7 Re: no employment contract, will resign. on Wed Jul 27, 2011 6:03 pm

citizen wrote:is it under the Labor Code that an employee needs to have that 30 days notice? thanks.

Book VI Title I of the Philippine Labor Code:

Art. 285. Termination by employee.

1. An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

2. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

1. Serious insult by the employer or his representative on the honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

4. Other causes analogous to any of the foregoing.

The answers to your query by the forum bloggers are credible without asking for proof. Very Happy

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8 Re: no employment contract, will resign. on Mon Apr 22, 2013 4:18 pm

lanie10


Arresto Menor
Good afternoon po.

Atty, i asked my employer to give me a contract but until now they can not provide me a copy. Almost 1yr and 2 mons n po ako sa company. Worry ko po is for may future, most are verbally stated like, 15 days annual leave and sick leave however unused VL and SL are not counted for the coming year dapat magamit mo that year din and SL not converted to cash and/or VL. Tenure of service is not clear for all employee basta may makukuha daw pag naka 5 years in service, etc...
Also, for the basic salary increase no definite terms or any % or if they have a basis to increase...

Hope you can help me on this.

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9 Re: no employment contract, will resign. on Mon Apr 22, 2013 6:02 pm

joycejimibayrante


Arresto Mayor
lanie10 wrote:Good afternoon po.

Atty, i asked my employer to give me a contract but until now they can not provide me a copy. Almost 1yr and 2 mons n po ako sa company. Worry ko po is for may future, most are verbally stated like, 15 days annual leave and sick leave however unused VL and SL are not counted for the coming year dapat magamit mo that year din and SL not converted to cash and/or VL. Tenure of service is not clear for all employee basta may makukuha daw pag naka 5 years in service, etc...
Also, for the basic salary increase no definite terms or any % or if they have a basis to increase...

Hope you can help me on this.

I am so concerned why you dont have a contract. Regular/full time jobs and even contractual jobs have written jon contract to sign before you being work.

About your SLs and VLs, I hope na me mga email evidences ka na nagcocommit sila of that number of leaves sayo. But without the written contract, employers are only mandated to give 5 SLs and 5VLs.

I suggest you raise that sa NLRC bcause your company is practicing unjust laor practices or worst, baka di sila lisensyado to operate. Protect yourself and consult DOLE. Lalo more than a year ka na.

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10 Re: no employment contract, will resign. on Mon Apr 22, 2013 6:29 pm

lanie10


Arresto Menor
Thank you so much for prompt reply.

All of employees here has no contract maybe because we don't have HR or specific personnel for HR, ung accounting namin ung parang HR but di talaga un ung main function nla.

Is that okey if i'll make a draft of employee's contract then pa sign ko sa boss namin? ano ba dapat kong iconsider sa contract?

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11 Re: no employment contract, will resign. on Mon Apr 22, 2013 6:32 pm

joycejimibayrante


Arresto Mayor
lanie10 wrote:Thank you so much for prompt reply.

All of employees here has no contract maybe because we don't have HR or specific personnel for HR, ung accounting namin ung parang HR but di talaga un ung main function nla.

Is that okey if i'll make a draft of employee's contract then pa sign ko sa boss namin? ano ba dapat kong iconsider sa contract?
The company should be the one drafting and creating the job contract. If they dont have any commitment on as to when they can give you that contract, then better consult labor so they can be audited.

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12 Re: no employment contract, will resign. on Tue Apr 23, 2013 1:11 pm

vane


Prision Mayor
[quote="rage07"]thanks Atty.

Yeah I know there is a 30 day notice but since they did not presented an employment contract with us stating terms and conditions of leaving the company. It would only forfeit serving 30 day notice. Right? [/quote]

you are considered as a regular employee. and u have to give them 30 days notice if you are planning to resign. always cover your ass.. mas maganda ng sigurado:)..pag pumayag sila na mas short yung notice ng resignation mo, better. and may receiving ka dapat, proof na approved nila yun

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13 Re: no employment contract, will resign. on Wed Apr 24, 2013 12:35 pm

lanie10


Arresto Menor
thank you for the advised.

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14 Re: no employment contract, will resign. on Sat Apr 27, 2013 10:59 am

attyLLL


moderator
be careful lanie and step lightly. because some of those benefits are purely based on management prerogative. your real issue is with benefits not job security, and you should be looking for a policy on this not employee contracts


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15 Re: no employment contract, will resign. on Fri Jun 27, 2014 3:04 pm

Cze


Arresto Menor
I also resigned from work without 30 days notice, but when I resigned I am waiting for them to talk to me about it but our director just said that it's okay and asked me if it is my final decision, and I said yes ! Then he said Okay ! Am I still liable with the 30 days notice? I mean, if I want to get my 13th month pay and tax refund, can they take it against me?

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16 Re: no employment contract, will resign. on Fri Jun 27, 2014 4:27 pm

council


Reclusion Perpetua
Cze wrote:I also resigned from work without 30 days notice, but when I resigned I am waiting for them to talk to me about it but our director just said that it's okay and asked me if it is my final decision, and I said yes ! Then he said Okay ! Am I still liable with the 30 days notice? I mean, if I want to get my 13th month pay and tax refund, can they take it against me?

If they give you written approval for an immediate resignation, then that's it.

Either way, with or without the 30 days notice, you are still entitled to the 13th month pay, etc...

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17 Re: no employment contract, will resign. on Sat Oct 31, 2015 1:12 pm

Working Girl Pasig


Arresto Menor
Hi,

Is a job offer the same as an employment contract? Given that the JO states that signing of the actual contract will happen after 1 week from start of employment?

What if nagstart na po mag work na JO lang ang signed and hindi ang mismong kontrata? At Nabigay na po ang partial pre-employment requirements?

Pwede po bang magresign immediately sa isang company kung JO lang ang nasign mo at hindi actual contract?

Maghahabol ba ang employer?

Just wonderisng

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18 Re: no employment contract, will resign. on Tue May 24, 2016 2:20 pm

lukekyle


Reclusion Perpetua
If pumirma ka na sa JO, its considered that you have accepted the job offer and you are already bound by the 30 day notice rule unless nakasulat dun sa JO na hindi kelangan.
Pwede silang maghabol, although based from experience very few employers maghahabol if less than 1 week ka palang.

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19 no employment contract, will resign. on Thu Oct 06, 2016 2:00 pm

NewInHR


Arresto Menor
Good day! I am just new in Human Resources. At least half of our company's employees don't have employment contracts. How should I date their contracts if I were to provide them?

Should I indicate the actual date they started on the "date signed" section (which definitely feels wrong) or should I just state in the contract that the effects of such agreement is retroactively effective on the actual date the employee started?

Thank you.

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