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NOTICE PERIOD / NO CONTRACT

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1 NOTICE PERIOD / NO CONTRACT on Tue Sep 27, 2011 10:24 pm

empleyadong_pinoy


Arresto Menor
Hi! Greetings to all.

I've worked for 4 months in one of the call centers in Taguig as an agent. During my short stint, I was not able to sign the employment contract (forgot due to busy sked). Last month, I've resigned from the job serving only 12 days notice period and until my last day of work, am unable to obtain approval on my resignation as they're saying that 30 day notice period is required as per company policy, and that they can only allow immediate resignation if it involves health reasons. However, I didnt sign any contract with the company that I agree to this condition, plus a colleague of mine (who started the job same time as I did) resigned just a few days ahead of me cause of another job opportunity and they approved of it.

A week after the effectivity of my resignation, the company sent me a letter asking me to explain why am no longer reporting to work, and that failure to reply will be construed that am no longer interested with my employment with the company. I immediately wrote a letter informing them that i've already tendered my resignation (enclosing a copy of the said resignation letter which was signed and received by my team lead) and personally submitted and discussed the papers with concerned HR personnel.

I also pointed out in the explanation letter and during the meeting that though the reason mentioned on my resignation is that am going back to my previous line of work (which is non BPO job), I've also explained to the Team Manager that the underlying reason is also health factor as I'm having difficulty adjusting to the 11 work sked and often experiencing fever, dizziness and blurry vision after work. In fact, day afer my resignation, I underwent a medical check up and the findings is hypotension as my BP dropped from normal range of 120/80 to 80/50. A medical certificate on this findings was also submitted to the team lead and manager prior to the effectivity of my resignation.

I have filed a compained in DOLE under SENA with the following complaints/claims:

1. Discrimation as they allowed/approved resignation of other employee without rendering 30days notice;

2. Issuance of employment certification and clearance as they have already collected all company properties (headset/ID/HMO card/pass key) from me;

3. To recall the non show letter they have issued me, as I believe they are supposed to be responding to my resignation and not issue a letter that implies that I'm neglecting my work cause I have submitted a resignation paper which was signed and received by the team lead.

3. Claim for pro-rated 13th month and refund of tax and SSS deductions as they didnt remit hese to concerned agencies.

We had met up twice in DOLE but the company is firm with their stand in requiring me to serve 30 days notice before giving in to all my request. They kept on insisting that I'm still an active employee of the company and that if I dont comply, they will resort to disciplenary action.

I dared them to do whatever they think is necessary, but they were also saying they chose not to take action, pointing out that the burden is on me on how to resolve the issue.

I'm really confused. Is it really possible for the company to just ignore my complaints to hold all claims? I'm planning to escalate the issue to NLRC, please tell me how should I go about it, shoud I hire a lawyer?

Thanks in advance to those who will take time to reply Smile

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2 Re: NOTICE PERIOD / NO CONTRACT on Wed Sep 28, 2011 11:02 pm

attyLLL


moderator
it is the labor code which requires you to render 30 day notice, failing which, the company is entitled to damages.


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3 Re: NOTICE PERIOD / NO CONTRACT on Thu Sep 29, 2011 1:32 am

empleyadong_pinoy


Arresto Menor
thanks for taking the time to reply atty. can the employer claim for damages even if am not in contract with them? i didnt sign any contract of employment with the company, hence the typre of employment i have is not clearly defined. isnt that we have different types of employment and one of which is employment on a daily basis, wherein either party can terminate the contract without giving prior notice.

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4 Re: NOTICE PERIOD / NO CONTRACT on Thu Sep 29, 2011 8:34 pm

attyLLL


moderator
while you didn't sign the contract, you still agreed to work for them, hence there is a contract. contracts need not be in writing.


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