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Terminal Leave and Resignation

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1 Terminal Leave and Resignation on Mon Jul 18, 2011 6:53 am


Arresto Menor
Hi Atty,

Good day!

I have been working for a call center as a QA Specialist since 2008. Although meron pong stipulation sa contract na we may be required to work on night shifts, this May 2011 lang po kami nalipat sa night shift. Dahil din dito kaya naipon attendance incidents ko (nasabay pa na yung yaya ng 2 kids ko umalis kasi stay out lang sya and ayaw nya na sa gabi magwork samin).

My immediate supervisor already suggested a plan so we (in the team) will still be able to deliver our tasks without being on a night shift. Pero hindi po sya inacknowledge ng Senior Quality Manager namin in writing (verbally lang sinabi na NO). Pag po nagrequest ulit ako na morning shift citing about my situation with my kids, and pag hindi pa rin po ako pinayagan, can I use it as a basis for an immediate resignation? How about health problems (with medical certificate)?

Me hinihintay po kasi akong JO for this week from another company (and with mid shifts and better compensation package. Nagcommit na po ako ng 2 weeks. Ang problema po kasi bigla naghigpit sa office and the SQM wants 30 days notice or else we'll be tagged as terminated. Pero yung dating dalawang kateam ko po kasi na nagrefer sakin don sa new company, immediate din po sila, like 3 days notice po yet parehas na resignation nila naapprove. Madami pa po sa same department na hindi na nagrender pero they were approved and cleared. Pwede po ba naming (may kateam po ako na lilipat din po within 2 weeks din) gawing ground yon (halimbawa lang po na habulin kami for damages or hindi iapprove ang resignation namin.

I was also suspended for 10 days kasi nahulihan ako ng cellphone inside the production floor (although ung phone was inside my bag na hindi ko hawak). Yung kasabayan ko po na nahulihan was given the same sanction pero hindi sya actually nasuspend kasi dumating yung bagong directive na final written warning na lang for the same offense. Pwede din po bang reason para hindi kami itag as Terminated if ever di na ako makapagrender ng 30 days?

Ang alternatives lang po na nakikita ko sa ngayon are: to request for a morning shift while rendering the other 2 weeks and starting sa new company on a midshift (3pm to 12AM). Or file the last 2 weeks as terminal leave (meron pa po akong 6 paid VLs and 5 unpaid VLs). But would this be lawful, having 2 employers at the same time?

Thanks in advance po.

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2 Re: Terminal Leave and Resignation on Mon Jul 18, 2011 2:17 pm


you have a right to file resignation but the law requires you to give 30 day notice.

having 2 employers is ok, if there is no conflict of interest, but it seems your employers are competitors. i recommend you talk to your new employer and explain the situation.

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