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Resignation during probationary period

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1 Resignation during probationary period on Mon Sep 12, 2011 5:30 pm

foxyface


Arresto Menor
Good afternoon pinoylawyer.org! I understand that the law requires a 30-day prior written notice before the effectivity of a resignation. Does that also apply to employers who are still under probationary period? Also, can an employee take it against the company if the latter could not produce a black and white copy of the contract? The employee, as well as the rest of the batch, were asked to sign a contract yet they were not given a copy; there might be stipulations written there which tackles resignation-related issues.

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2 Re: Resignation during probationary period on Mon Sep 12, 2011 8:19 pm

attyLLL


moderator
yes, 30 day notice applies. ask for a copy of the contract.


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3 Re: Resignation during probationary period on Thu Sep 15, 2011 1:35 am

foxyface


Arresto Menor
attyLLL wrote:yes, 30 day notice applies. ask for a copy of the contract.
Laughing

So conversely, the company must also give a 30-day prior grace period, even during probationary stages, am I right? Also, does the non-compete clause apply here in the country? I'll be checking that out once we secure a copy of the contract (not mine by the way).

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4 Re: Resignation during probationary period on Thu Sep 15, 2011 11:52 pm

attyLLL


moderator
the company can shorten the notice period. there are many who argue that a non-compete clause is not enforceable, but I disagree.


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5 Re: Resignation during probationary period on Fri Sep 16, 2011 5:00 pm

foxyface


Arresto Menor
It appeared there is no mention of a non-compete clause on a sample contract from the company. Resignation letter was submitted and duly received. Now we're thinking about shortening the 30-day mandatory grace period, via the use of leave credits and or offsets due to Sunday works. By law, what is the minimum number of working days per week? We're thinking if we work on all remaining Sundays of the grace period without taking any day-off (though highly improbable), then we can slash-off at least 4 days from the 30-day grace period.

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6 Re: Resignation during probationary period on Fri Sep 16, 2011 8:18 pm

attyLLL


moderator
that can work only if the employer agrees to it.


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