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Sunday, May 10, 2009
Preventing AWOL and Same Day Resignation
I'd like to ask your idea on how we can eliminate if not reduce occurrence of same day resignation & AWOL.
We have a resignation policy of 30-days notice. They'll be liable to training expenses deductible from their last pay if they fail to inform in advance.
This policy is given during orientation and is indicated in our employee handbook and in their employment contract.
These however do not seem to matter to them. What I notice is they go AWOL or resign effective immediately after the payroll cut-off. So they've already received their salary except for the 13th month.
Can the company waive the release of their clearance and last pay?
Here's my answer.
Since I am not a lawyer, you cannot take my opinion as a legal one. In fact the first thing I'd do is to consult a lawyer about the legality of decisions I will make especially if it concerns withholding a person's pay. I received a sage advice from a lawyer friend in the past. She said that before I make any decision that might end up in the court of law, I need to consult the lawyer whom I will tap to defend my cause. This made a lot of sense to me and used it as a rule of thumb whenever I feel a legal advice is necessary.
There are a couple of things that I'd work on with my lawyer if I find myself in your position. Here they are:
First, I'd ask my lawyer to work with me on giving more teeth to my 30-day notice. When employees go AWOL or resign effictive immediately, the company may incur damages and the company may seek remuneration for the damages caused by it. I think you need to establish the cost of violating your company's 30-day notice rule and make it a matter of policy to seek legal action against empoyees who violate this policy. The more rampant the violation is, the more necessary it is for you take action to show that you are serious about this rule.
Second, I think you can choose not to clear employees who do not comply with the 30-day notice policy of the company, hence you can choose to widthold their last pay untill they clear themselves by rendering 30-day notice. Here's where it becomes complicated and I myself would like to ask a lawyer how to properly do it. If you require an employee to serve 30-day notice and the person won't and you decide to terminate that person's employment, does the person become entitled to last pay because he was already fired? Right now, I don't know the answer to that.
These I think are some of the possible legal remedies to your problem. There is a bigger problem to contend with however, in preventing employees who want to leave right away and are being prevented from doing so. Level of commitment, quality of work and possibility of sabotage in case of disgruntled employees are just some of the concerns that come with this.
Frequent employee turnover is a costly problem. When employees frequently go AWOL or leave immediately, its an even bigger problem. You have to find the cause of this problem and nip it in the bud. There could be several reasons why employees behave without consideration or respect for existing company policies. They could be very unhappy and you need to find the cause of the unhappiness and address it. Happy employees don't leave and even if they do, they take care not to ruin the relationship, hence they follow the rules. Here is where your employee relations skills gets sharpened. Listen to what your employees are saying and consider making some organizational changes if you want to keep good employees in.
292 comments:
- Anonymous3:00 PM
I do have a question. What if the company that you've been working for is not paying you enough, but they have really good accountants that makes it logical to follow that you're losing times even if you're rendering 12hours in a shift? The natural thinking of an employee under more financial stress despite working in a 12 hours shift is to look for a job elsewhere, and yes since they are no longer happy and are disgruntled about their sorry situation, they wanted to leave immediately. Mind you, this company has already been hounded by the Labor people, to no avail. What protection does it leaves employees that are being treated with such bad employers then?
This is what the Philippine Labor Code says about employee terminating the employer-employee relationship without need for one month notice: Art. 285. Termination by employee.
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.
I believe your question falls under item #2 of section 2 of Art. 285 if they wish to leave the company immediately. On the other hand, if I was in the workers' situation, I will gather evidence and go to the Department of Labor and Employment for them to hear my situation. If the company is guilty of cheating employees of their hard earned money, the company must not be allowed to get away with it.
- Anonymous5:00 PM
I have told my intention of resignation 30 days prior to the intended date of resignation. I have a feeling that the company is holding my resignation because the supervisor told me that she did not accept my resignation yet although she already received the hard copy as well as the soft copy through mail. They have no grounds against me but they are holding my resignation ( I think) because they still do not have replacements. Is this possible? Is this legal?vIf I'll be able to prove that they are holding my resignation without any grounds, what legal move can i do?
thank you
@ last anonymous reader, I'm not a lawyer so I don't have any legal authority to give you a legal opinion. What I can give you is my non-lawyer opinion. I think no body can take you hostage if you followed company policy on resignation. If you have proof that they received your resignation and that you've turned over your responsibilities and accountabilities properly, you have every right to move on. If your company is preventing you from doing that and is withholding your compensation,you should consult a lawyer or go to the Department of Labor and Employment to present your grievance.ReplyDelete
- Anonymous9:47 AM
Same day resignation - I did this with my previous employer. I was handling a management position and felt insulted by what my director commented which made me believe that there is a clear discrimination towards me and my advancement (career and salary) because my director said "unlike them I came from Cebu and should only be considered to receive provincial rates even as I am working in their office in Makati."ReplyDelete
What I did was I wrote an email to the Sr. HR Manager highlighting what transpired during the discussion and indicated that I will be seeking legal advise and will have to resign my post ASAP.
I did not wait for a reply, I wrote my resignation letter signed 3 copies, I gave 1 to my director, and gave 1 to HR and kept 1 with HR's received stamp. Packed my things and left the office.
That night I researched the labor code for support of what I did and its legality and found this...
An employee may put an end to the employer-employee relationship without serving any notice on the employer for any of the following just causes:
a) Serious insult by the employer or his representative on the honor and person of the employee. As the employer has the right to expect and receive from the employee good work, diligetice and good behavior, so also the employee has the right to receive from his employer a just wage and fair treatment.
I composed another email that night highlighting what I have read and sent it to the Sr. HR and the HR representative of our department and CC my director.
Sure enough the next day, I received a call to visit the HR office to discuss my email. I politely declined indicating that I feel unsafe as the reason for my resignation is a person with high authority and therefore had a significant amount of influence. I told the Sr. HR manager that I have submitted my resignation letter yesterday and that it was my final decision pending advise from my lawyer who will be representing me as we are currently in the DOLE at that time filing a report regarding what happened.
Unlike others, I am the type who is not afraid to stand up for what I believe is right. I am not rich and only have my name to fight for. I make sure that I get the best treatment from my employer as I also give the best performance and have always been consistently evaluated and ranked among the top 5 performers.
if you want to prevent same day resignations, you must continuously educated 1st level, mid-level, and sr. level management of the labor law so they know that when they start "power tripping" that it bites back.
The effect of my sudden resignation - project delays until client termination of contract and subsequent resignations of top performers as I called in my contacts and recommended my best guys to them - I haven't been refused yet to date.
There is a lot of holes which the company can exploit in the labor law... there are quite a few that an employee can exploit as well.
- Anonymous7:38 PM
I left my employer after immediately after I was insulted and accused by my operations manager. I left a week after the expiration of 5 month contract. I haven't signed any renewal,extension or anything. Is it proper that I'll be tagged as AWOL by my manager? By the way, I sent an email to our operations manager discussing my issue, I was asking for an indefinite leave, I wanted my name to be cleared of all the accusations before I go back to work.
- Anonymous2:10 PM
Hi Sir Ed.ReplyDelete
I would like to thank you for this post as reply to my query. It's been a year and I wasn't able to thank you enough.
Same day resignation and AWOL are still issues we haven't fully addressed. As observed, there are different causes of their discontent or unhappiness. Some due to relationship with the immediate superior while most are due to their low salary. They find a better job and to not miss the opportunity, they resign without due notice or go AWOL.
We cannot withhold last pay and 13th month just to discourage others from following. However, it was discussed that whatever overtime cost is incurred due to the employee's immediate resignation, will be charged to him. Should they ask for a certificate of employment, reason for separation will be indicated. Apart from these, we tried to review compensation.
Addressing all their concerns is not easy but we are hoping for a better employee-employer relationship.
@ last 3 anonymous commenter,ReplyDelete
@ 1st commenter, sorry this took too long. The right thing to do would have been to file your resignation. Asking for indefinite leave indicates that your employment is not yet over and gave credence to the AWOL charge. Was your 5-month contract a fixed-term contract meaning you are a contractual employee whose employment will automatically cease after the predetermined period? If so, why were you still working after one week? it only meant that your employment continued. I think the AWOL charge is still valid, but that's just my opinion
@Anonymous 2, the charge would be AWOL, and if the absence is permanent, Abandonment of Work. There may be other indicators that you are employed with that company like payroll, government mandated benefits contribution, etc. If it can be proven that you are an employee, then they may charge you for abandoning work. You, of course can challenge this in the Department of Labor and Employment
@Anonymous 3 I'm glad to know that you are looking at employer-employee relationship enhancement :) Good luck on your efforts.
- Anonymous11:31 AM
what if i already tendered my resignation letter last May 21 with an effective date of June 30. But the management did not sign the letter, instead they told and begged me to extend my services up to July 30 or August 1 because we have a lot of work to do. I don't want to extend anymore up to that date and I want to resign effective June 30. What legal actions should be made regarding this one? Can we file a case on our employer in this situation? Actually, we are four individuals who are resigning and experiencing this kind of situation. Kindly give us advice on what to do with this. Please enlighten us. Thank you very much!!!
You said that your employer begged for you to stay one more month. If you don't want to stay anymore, inform them in writing that your resignation is irrevocable and that you are unwilling to extend your stay. Cite in your letter that you are only willing to comply with the minimum requirement for you to give notice which is 30 days. Do that first, if they decide to do something to force or coerce you to stay, then seek legal help.ReplyDelete
- Anonymous8:07 PM
hi i am an awol employee and is not really satisfied with their pay..they promise an yearly increase but still a lot of my co-workers arent getting any..i would like to resign but they would make me pay for a bond..and i cant stand how my manager treats me..he makes me feel like im so stupid.would there be any problem if ill try to apply to other companies?will i be in jail?thanks.ReplyDelete
">hi! what if you have to resign due to urgent family matters? like theres no one to look after your kids and you need to resign immediately.... would it be valid not to serve the 30day notice? tia"ReplyDelete
That's something that you need to sort out with your boss specially if you hold a critical position where your immediate departure can have an adverse effect on the business.
Scenarion: the effectivity of my resignation is January 25, 2011... and then i told my employer that i will be absent on monday, jan. 10, 2011 because im going to process my passport. and tuesday come, i was shocked when i learned that my subject is being distributed already(i am a teacher by the way.) and then after that, she asked me to finish all the grades and other matters, regarding about the transition of works. Even though im not teaching im still going to school finishing all of my paperworks, so i can get my clearance and CoE. by Jan. 14, 2011, i received my payroll and was shocked when i saw that my salary was only Php2,000.00! and then i asked our principal(owner of the school) and told me that i only teach for 1 week, and that was only what they are going to pay. and then i just let it go.. and decided to left all of my paperworks i have finished in school and not attend school, on jan.17,. onwards until the day of the effectivity of my resignation letter. do you think i violated some policy?
I don't know if you violated a company policy because I don't know what your company's policy is for resignations. I feel from your message to me that they are ready to let you go because they've already turned over your tasks to other teachers. I will not comment on your salary anymore because you said, you've already let it go. I'm not familiar with how teachers are paid anyway :).
Okay, thanks.. i hope it turned out well,. Its still make me laugh when she said to me the day i resigned, she said dont do that in other company or school or else they're gonna kill you.. in my mind i said... "oh really?" or your just sour graping for what i've done. well, i dont think companies or school would ruin their name just because an employee is resigning... heheh..
- Anonymous1:31 AM
Hi Sir Ed, I need consultation reg my issue. My Uncle (My Mom's brother) died, he stayed with us because he underwent several medical treatments at Makati Med, so I asked our Manager if he could grant me emergency leaves (We lost our dad about 2 years ago, that's why I don't want to see my mom so aggravated, suffering the pain again), since I'm in the province for the wake, I had no way of calling him because of low signal, so I texted him instead. I did inform him about what happened and I did ask for E.L. What my Manager replied was that he can't allow me because I had been absent the previous month so I can't be absent anymore. I was absent before because of sickness, the doctor advised me to rest of 1 week, I told him that being sick and loosing someone aren't something you plan on doing, those things happen unexpectedly. He's reply for me is somewhat insulting. I told him that I was in the province and it's hard to go home since it was raining hard, he still insisted that I go back to work when I have shift. The next day I did have shift, I rode the bus, I went there, but what I did was I passed an immediate resignation. The reason being immediate resignation, first is that I really don't know when I'll be back since I'm in the province, second is that I really got insulted reg my boss' replies on my messages reg my Uncle's death and my sickness, and lastly, I just received a note from the company I applied with before I got to this company, messages that I need to take some Nursing seminars (since I'm a RN) to help me out. I really had plans to resign by the end of the month, I decided to resign earlier since this happened. What else can I do, I really don't like to render 30 day notice, I really do feel insulted. What can I do now?ReplyDelete
- Anonymous8:09 AM
Hi Sir Ed, I need consultation reg my issue, I did file an immediate resignation to my immediate supervisor. Here's the story, my Uncle just died (My Mom's brother, my dad died to years ago, so I feel aggravated that my mom is feeling the same thing), he stayed with us a couple of months because he underwent several medical treatments and consultations, but his body was brought to the province since he lives there, he doesn't have any family, his siblings are the one family he got. I tried calling our Manager so I could ask for emergency leaves, but since I had low signal, I can't reach him, so I sent him messages instead. His reply for me is somewhat insulting and I kept every message I got from him. He told me that since I had been absent the previous month, I can no longer be absent, I was absent for 1 week because I got sick and the doctor advised me to rest and run several tests. So I told him that being absent from sickness and loosing someone are not things we have control off, those things happen unexpectedly. So he insisted that I go back to work the next day, and I did, that's when I submitted my immediate resignation. When I talked to my immediate supervisor, he told me that they can allow me to go emergency leave for 3 days but not for 4, it really irritated me since I asked them regarding that, but they didn't allow me to go E.L, then suddenly they would allow me just because I passed my immediate resignation. I actually had plans resigning by the end of the month, but I decided to do it earlier since this happened. I also have other reasons why I'm resigning, I told my Manager all about it and he's asking for documents regarding those. But honestly, I really don't want to render 30-day notice, I really felt insulted by my Manager's messages, that's one the reasons why I made it immediate. What can I do now, Sir Ed?ReplyDelete
Another anonymous reader asked me about terminating employment by the employee without serving a 30-day notice. If you read the comments above, you will see my answer. If the criteria for employee-initiated termination of employment engagement fits your situation, you can use it as a reason. Otherwise, you will most likely be terminated for abandoning work or not complying with the 30-day notice requirement for resignation.
- Anonymous12:05 PM
@Sir EdReplyDelete
Thanks Sir Ed. So I can use this reg my issue:
This is what the Philippine Labor Code says about employee terminating the employer-employee relationship without need for one month notice: Art. 285. Termination by employee.
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; - This in particular?
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.
I submitted a copy already to my immediate supervisor and my Manager, would I still need to send a copy to HR indicating this? As you know Sir Ed, this is my first ever job, and the way I was treated reg my immediate resignation is at some point stressing and traumatic. They're insisting that I render, but since I read this, I can use it, right?
It is possible that you can use that. But I cannot say for certain. It all depends on how bad you say you were treated. Please note also that what I'm sharing with you is just my PERSONAL opinion, not a legal opinion. You will probably need to go to DOLE or ask a lawyer for legal advice.ReplyDelete
- Anonymous10:30 PM
i've worked in my new company just for a month as a teacher. After two weeks, I became the Manager because they've seen what i could do. I havent's signed any contract as the manager yet, but I did sign one as a teacher. I filed an immediate resignation, yet my superior didn't accept it because of verbal agreement. Is there such thing as verbal agreement? Can i still get my salary that i've worked for? Can they charge me any case?
I wonder what your employer's policy is regarding immediate resignation. Most companies require their employees to serve a 30-day notice because the employer needs to adjust its operation due to an employee's impending departure. If your company has a 30-day notice resignation policy, you are duty bound to heed it regardless whether you are a teacher or a manager. The only reason why you should resign immediately is if you are experiencing a problem with your employer similar to what I have already discussed with previous commenters above.ReplyDelete
- Anonymous9:21 PM
I just resigned this week, same-day resignation. I e-mailed my resignation letter to my boss, which I think is informal. ??? It's payday today and I haven't got my salary, that's for the last 2 weeks I've worked. Will I ask for my salary? Or they won't issue my salary because of my same day resignation and did not finish my contract? My reason was kinda personal and I felt I was harassed by one of our bosses. Its a 3-month contract, 1 month left and I dont have a copy of my contract!ReplyDelete
You need to do a couple of things:ReplyDelete
File your resignation properly and get clearance. Unless you get clearance your remaining pay will not be released. If you feel you have a legal reason not to do what I said above I suggest that you bring your concern to a regulatory body like DOLE-NLRC or a lawyer so you can get what you feel should be given to you as part of your engagement with the said company.
- Cutie144:19 PM
Hi Ed, we have an employee who resigned with only one week notice because she has no yaya for her kid. Add to the fact that she has been always on half day for the whole week of her notice period.ReplyDelete
My boss has been quite frustrated about this and he doesn't want to recognize the immediate resignation it because he wants to change this.
Can we offer a compromise to the employee in terms of us allowing immediate resignation but employee has to waive all that is due to him (i.e. last remaining worked days, pro-rated 13th month pay and tax refund) and sign a quit claim, instead of pursuing a case against the employee for damages?
@Cutie14, Yes if she agrees on the conditions you are setting and signed the quit claim. If I were her though, I won't sign it because her last pay and all other compensation due her are rightfully hers whether or not you accept her resignation or even if you fire her. Those things have already been earned by her. She's entitled to them by law. The only things you cannot give her are benefits that are by policy, forfeited if her employment is terminated like allowances or leave benefits cash conversion.ReplyDelete
- Anonymous11:24 PM
hi po Mr Ed,ReplyDelete
i have an issue regarding my COE, i worked with this private 40 bed secndary hospital here in our province. first i worked for 2 months and few days. (a 3 month contract) but my exit was fine because i submitted my resignation letter because I was accepted to be one of the DOLE nurses under the Project NARS.. after my 6months work for DOLE, our senior nurse, asked me and my friend if we are available cuz they need nurses to work, so then we agreed and worked again for 6 months.. I left the hospital after 6 months after the last day of my contract date ends this is because the owner which is also the chief nurse of the hospital, was shouting at me, infront of the patients in the female ward, just because i didnot ask for the patient's name before i injected the medication .. but i was so sure that i injected the right patient 200%sure! now, i told our senior nurse to inform the owner that after that day, i will be no longer coming back to work, and i made a letter for resignation.but since the owner and chief nurse is not available because she's very busy of so many things..she doesnt even go on duty to do her job in the hospital.. and she let us do things thats beyond our job description, like filling in the patient's chart instead of the doctor, we sign and imitate the doctor's signature ... we even write doctor's orders during doctor's rounds. (because her husband is a doctor) we have no way to complain about it, but just murmur in our thoughts.. when the philhealth came to inspect them and they failed, the hospital was temporarily closed, and they asked us that instead of getting paid for 210 pesos per duty (by the way, our shifting is 8 am - 5pm and 5pm to 8 am) they asked us that they will pay us half temporarily.. ( we still agreed to that!) and did lots of over time for the preparation for the next visit of Philhaelth.. now, when i returned to the hospital and asked for a certificate, she told me she will never issue me one, since I was AWOL.. so, i didnt say anything.. and it was 1 year now since i last visited the hospital for my COE.. last week i went to them and asked COE again, even if they will just put AWOL in my cert. i asked if they could include my salary, my humber of hours worked, copy of my contract and my job description.. now, the problem is, she told me that she can produce the cert, contract and job description.. BUT! she cannot indicare the salary, and the number of hours worked! I am actually applying as an immigrant in canada, and i need my work experience to earn points.. but she said she doesnt want to include it in the certificate.. this is one big problem for me now.. what can i do? btw, my salary is 210 pero shift, no overtime, i work 9-15 hours per shift.. is this because i am underwage? Do i have no right to request this from them? or do they have right to not produce those kind of information in my COE??? the COE would be useless without those because the embassy needs to see proofs! ;( please help me.. what should i do?
- Anonymous10:32 AM
Guys,whatever is your reason why leave the company (insulted, no longer happy or wanted to be employed on other company) immediately or complying to the 30 days notice should really be no big deal. To be professional and mature enough is the only answer. Companies requires days of notice before last day due to only 1 reason, you need to turn over your job and give company enough time to find people replace your post. It's really sad that there are lot of Filipino employees who are really looking forward not to comply with the X days notice and give a lot of time securing legal advices for this and for that. Why not talk straight to your superior and HR? Tell them this is your side why it is really needed to leave the company the soonest time possible BUT you will do a proper turn over of your post not to jeopardize the company's operation. I've been in the HR management, whenever there is a resigned engineer effective immdiately, i laid all the cards: i explained to them this is your task and this is the consequence you will leave your team. I do not mention about their bond etc. And they do for the last time commit to extend for X number of days for proper turn over. All i emphasized is that, no need to comply for 30 days. They just need to make sure that they will not jeopardize the team they will leave in which is the MAIN PURPOSE of 30 days notice. Most of them even confide their 1st day on other company that's why they can no longer comply with 30 days notice. And i just tell them, we respect their decision and all we want is for them to be fare and square since the company help them to become more skilled in their craft then it is only fare that they think of the company and the team that they will leave.ReplyDelete
I believe that there are really few companies in Philippines who cater and consider resigned employees personal issues to waive the 30 days notice. If what i've discussed above is not applicable and you think your superior or management is lame or really stick to the policy, then, be professional. You already knew upon contract signing that there will be an X days of notice for resigning then as someone with "honor", serve the 30 days notice PROFESSIONALLY!No tantrums no bitterness! You were insulted? So what? Isn't it the outcome of you being insulted is you resigned? That's the consequence of them insulting you...they lose you. BUT you resigned. Then, you also need to face the consequence of resigning...turn over your task appropriately. Isn't it just that fare and mature enough?
- Anonymous3:49 PM
hi sir ed,ReplyDelete
good day!
I filed my resignation effective immediately because of a better offer of a certain company (better opportunity), the manager get my resignation but refuse to sign the receiving copy of my resignation. she told me that i had signed a contract to work with that company for at least 3 months, and filing of 30 days resignation (but i fail to do it because of the above reason)because of that, i ask her permission to let me have a leave for 2 days to fix(make arrangement with the company offering me a job)after that(2 days leave) i went back to work but the manager refuse to talk to me, & i heard from some employees that the manager already told them that i am no longer employed with that company. my problem now is, they are planning to file moral damage against me. one thing more sir, they (company) don't give me a copy of my contract.please advice me sir thank you & more power
- Anonymous11:11 PM
Hi Ed,ReplyDelete
I'm a computer programmer and I filed my resignation in my previous company last September 15 and gave them more than 45 days of notice before my total resignation. I know that it is very difficult to find a programmer that's why I decided to notify them more than 45 days before I leave.I resigned at the company by November 2. I turned over everything from office supplies,to laptop and to softwares as well by the last week of october. 1 day before my resignation they instruct me that I should show that all my programs are working properly. The instructions where coming from other people and not coming from my immediate superior. They gave me one day to comply for that before signing my clearance but I wasn't be able to comply due to the last day I have a fever and never complied and looking for other job. The reason I leave the company because I was not treated like an employee, I receive bullying from my previous employer which is very traumatic to me. I research about workplace bullying and some experiences are very traumatic and worst than sexual harassment. I'm so unhappy working with my previous company due to traumatic and discriminate treatment to me. I don't want to go back there anymore due to traumatic experience. May I ask, did I made the right decision even if I didn't comply on the last day of leaving? Is this considered as AWOL?? Thanks so much. ~ Alexis
Here's my opinion on the matter of your 45 days notice:ReplyDelete
1. Aren't your programs supposed to be running if they were completed before your resignation?
2. I don't think you are responsible for unfinished work due to your resignation specially if their completion is planned long after you are gone.
3. If you were sick on your last day, you should have informed them. That's your responsibility.
4. If you don't want to go back there anymore and you have unfinished business with them, how do you now deal with your clearances and last pay? are you just going to forfeit them? Sayang naman.
- Anonymous5:37 PM
Hi Ed,ReplyDelete
My programs are running before I resigned and it was deployed already and currently using by my former clients.
Due to trauma and treatment of other employees there at me, I'm not going back there anymore and forfeit it.
That's the only thing I did not do is to inform my superior that I'm sick on that day. That's my mistake. I would like to ask is it better to write an email letter to my superior and inform them the reason kahit matagal na akong separated sa kanila??
For you what is the importance of Certificate of Employment? Paano kung separated bigla yung empleyado based on the labor code na meron syang karapatan na iwan ang work agad-agad dahil sa hindi pagtrato sa kanya ng mga taong katrabaho nya, may karapatan pa ba syang kumuha ng COE?? Thanks..
I suggest that you request for a COE to find out what their position is regarding your departure. If they don't want to give you what is due you then you can complain to the Department of Labor about your situation and see from there if DOLE can compel them to issue you a COE. Parties will have to present proof that will lead to a proper decision.ReplyDelete
- Anonymous7:15 PM
hi mr.ed,ReplyDelete
I will file my resignation tom, which is effective immediately. The question is, kung valid po ba un if i directly send it to our HR? i can't go to our branch kc takot ako mpahiya ulit eh. Given na proby palang po ako, cnsbhan ako na ang bagal ko daw, and worst is "pagong" even in front of clients. (2 months plang po ako dun sa branch then wala pa silang pnoprovide n calculator sa akin) by the way teller po ako. madalas po kc ntatapat sa akin ung mga client na mdaming transaction eh kaya humahaba po yung pila.. pag nagkamali nman ako, pnapagalitan din ako.
I suggest that you submit your resignation to your immediate superior and get it done with so you don't have to worry about it anymore. If they are unhappy with your performance, it's likely that they will gladly let you go. If you don't want to take that route, go to HR and explain your reason for your decision. Will they consider your resignation valid? I don't know. It all depends on how well you explain your side and how they will understand it.ReplyDelete
- Anonymous8:12 AM
Hi good morning.. I filed an immediate resignation due to an employment abroad and i more time to finish urgent matters before i leave. hence, i cannot render the 30days. Shall my reason for resignation fall on Art. 285. Termination by employee 4. Other causes analogous to any of the foregoing..I can't understand this since. Please help me understand, since my supervisor didn't accept my resignation letter and i'm planning to give it to hr..if i will still render the 30days, then i would have shorter time to attend important things before i leave especially documentation.ReplyDelete
- Anonymous8:33 AM
I tender my resignation with a month noticed,but sad to say that our head from the company didnt accept my resignation because they said that their policy is 2 month before resignation.I s their possible that they wont give my resignation fee and COE if i will not follow their 2 months resignation?The company didnt inform us that was thier policy.they have different options in rendering a resignation,the rank and file they allow 1 month noticed,the supervisor is 2 months noticed and 3 months for the manager...ReplyDelete
If there is an entry in your employment contract or if you received a policy memo stating the said required notice period, then you are duty-bound to follow. However, you may want to appeal this to DOLE or NLRC. I find this policy to be too biased to employers interest and unfair for the employees. a two or 3 months notice period means you can't resign if there is a job offer because companies typically wait for only a month.ReplyDelete
- Anonymous2:07 PM
Hi Sir Ed,ReplyDelete
I am working as a programmer here in Cebu under a small japanese company. My work definition is a "Multimedia Programmer" and is tasked to do multiple sort of apps like websites, iphone games, etc. Then it came along that the company presented to me a porn site and they want me to make a new version it. Unaware and ignorant, I accepted the job since they did not offer any briefing about the risks I have take if I accept the project. Months later, I search through the internet about the legality about my work and I found out that everything that I am working on right now is so wrong.
Now, I want to quit from my company and sent them my resignation letter. My question is - "Are there any type of complaint I can file against them in putting me at legal risk?"
Hope to have an answer from you.
- Anonymous2:46 PM
Hi i signed a 1year contract of employment though I am planning to resign asap (currently on my 9th month). And it states there that I have to pay if ever I will leave before my contract ends. I don't want to pay them but, i really have to leave due to personal reasons. How do i go about this? Thanks.ReplyDelete
- Anonymous2:50 PM
Hi i have signed a 1year contract of employment and am planning to resign asap (i am in my 9th month now). It states there that i have to pay them if i leave before the contract ends. And that turnover is for 2months. I dont want to pay them but I really want to leave the company due to numerous reasons. How do i go about it?ReplyDelete
Honor your contract is the only advice I have for you. Stay for one year or pay up. That's what you signed up for when you badly needed the job and signed the contract, right? Otherwise, you shouldn't have signed.ReplyDelete
- Anonymous3:26 PM
HI sir Ed,ReplyDelete
I've filed my immediate resignation letter last march 5 pero before ko ginawa yun absent na ko ng 3 days kasi may mas magandang opportunity na dumating; 1st day exam & interview sa HR, 2nd day interview with the supervisor and boss, 3rd day is medical. hired na po ako nun. March 3 ginawa ko yung letter ko but wala ang immediate supervisor ko at GM namin. March 5, our GM & my supervisor refused to sign kasi nga need ng 30day notice. galit po sila sakin kasi yung kasabayang kong natanggap n after makapasa ng board exam eimmediate resign xa effective the same day. wala sila nagawa di ko alam reason nia. ang reasons ko sa pagreresign ko sir:
1 di kami binibigyan pansin at halaga ng HR at ng managemnet sa mga kailangan namin tulad na lng na 8 months na kami dito bago kami pinapirmhan ng memo n regular na kmi. (sayang yung two months sa benefits ng regularization)
2 mahal na pamasahe ko laguna to manila lalo na at may offer n same salary pero malapit lang samin, may shuttle pa at my food allowance, at makakuha pa ako ng health card malaking tulong samin yun
3 alam ko di maiiwasan ang politikahan s isang komapnya, pero grabe dito eh kahit secretary lang at mas mataas ako sa kanya kung umasta xa. dahil matagal n xa?
4 ang HR di approachable. kakaasaran mu, namamahiya, nanainigaw, nagmumura, nagpapaiyak ng empleyado, pinapagmukha kang tanga ( may isa n ngang umalis dahil di sya kinaya) hindi kilos ng isang HR. at higit sa lahat MAGALING manakot. porke 1st job ko ito at bata pa ako ay sisindakin nia ako. (ALAM kong sasabihin ng mga nakakaasa o ikaw mismo sir ed n dapat di ako nagpapatakot, gusto ko lumaban subalit di ko naman alam gagawin ko at ayaw ko ng malaking gulo)
eto po ang concern ko: MARCH 5 nagpasa na ako at di sila pumayag.
march 20 n ulit ako nakapagpasa dahil ang hirap hagilapin ng immediate supervisor ko. at di ko nagagwang makapasok dahil sa nadedepress ako sa ngyayari kasi nagiisip ako ng gagawin ko kasi pinapasatart na ako ng bagong employer ko kung saan mas maganda magiging trabaho ko. at naoospital pa ko dahil sa mga pangyayari. . pero sige parin si HR manakot. pagkatanung sakin kung anu ang name ( ako nmn si mabait sinabi :( di ko na kasi alam gagawin ko nian kasi iyak na ako ng iyak) hinanap sa net ang address at no. pinaakyat ako at pinakita sakin at sabing "pwede ko tawagan yung company n papasukan mo at ipahold ang employment mo" isa pa. "you know what i can do". hindi ko talaga alam ang gagwiin ko that time kasi ayaw ko magkabad record. at kailangan ko ng COE. tama po ba n magstart ang 30day notice ko ng march 20? kahit nakapagpasa na ko ng march 5, at desidido na akong umalis. isa pa po. nang nakapagusap kami ng boss ko n payag sya ng april 5 pero dapat bunuin ko yung araw n yun hanggang april 5. ngayun pa n madalas ako magkasakit. di ko yun ginusto. ang kailangan ko ay magpahinga. di na nga ako nahintay ng bagong employer ko dapat eh. sa hirap ng maghanap work. lalo na now n marami na namng kalaban dahil graduation na naman. frustration na namn dahil mahirap maghanap ng trabaho at average na tao lang nmn ako madiskarte lang. sa totoo sapilitan na lang ang pagpasok ko sa trabaho dahil di na ako masaya talaga. ano ba dapat kko pong gawin sir ED :(
talk to your future employer about your situation. They have two options- wait for you to finish your notice period or hire you without a COE or clearance. I hope they let you serve notice because that's the right thing to do despite the evil HR that you have in your company.ReplyDelete
- Anonymous1:20 PM
one more thing sir. kung di ko na papasukan ang ibang mga araw base sa aming napagusapan ng aming GM sapagkat ako ay pinagiinitan na ng EVIL HR namin subalit nakapagturnover na ako ng mga dapat iturnover, pwede ko pa ba mkuha ang lastpay ng mga pilit na araw na ipinasok ko po dito? Thanks sir ED:)ReplyDelete
myy FB po ba kayu sir? hehehe
- Anonymous10:37 AM
Hi sir ED.ReplyDelete
anu po ba ang tama? yung last na umalis dito di na binigay ang ang sahod nya for 11-26 cut off. ang last day nia eh 5 n ng sumunod na month. ang sabi po sakin na dpat makuha ko padin ang sahod ko para sa cut off ng 11-26. at ang 26-5 n lng ang last pay? dapat ko po ba kwestyunin yun?
- Anonymous9:44 AM
sir ed,nag awol po ako sa previous company ko they were trying to tell me na mag render ako ng 30 days hinde na ko bumalik,and im currently looking for a job now my question is, ist it ok kung sabhin ko yung totoo na nag awol ako sa previous employer ko during my interview?ReplyDelete
thanks... :)Replies
you better have a good reason.Delete
- Anonymous9:42 PM
Hello Sir Ed,ReplyDelete
Let me ask. Im working in a hospital. I filed my resignation already with a 30 day notice. Like my previous coworkers, I plan to use my 14 days VL which I earned after 1 year of service on the remaining days of my employment. The problem is that now they wouldn't allow me. Is it my right to use the VL or not? ThanksReplies
They have a right not to let you use your VL if you need to turn over some work. However, they should pay you the unused leave. That I think is the right thing for them to do. I'm not sure though if they are legally responsible to do that.Delete
- Anonymous1:07 PM
Good day Sir Ed!ReplyDelete
I have a question regarding my situation. Two weeks pa lng po ako sa new company na pinaglipatan ko, but i was able to sign my employment contract only after a week. I was shocked bec., it was stated there that my salary is minimum but I have a P150 allowance per day. And i am a contractual employee meaning I have to work only for 5 months. And they are not required to give me notice if they are going to renew my contract or not. In my previous company that i worked for, i belonged to a monthly paid employee and above minimum ang salary ko po...Labag man sa kalooban ko, i signed the contract.
And now I am planning to resign and look for another company. Sir Ed, if i resign am i required to give 1 month notice or pede po bang on the same day na lng ang effectivity; since hindi naman nakalagay sa contract na kailangan kong mag notice ng 1 month and nasa turnover period pa lng po kami.
Thank you po at sana matalungan mo po ako!
- Anonymous6:07 PM
How about this situation, a probationary employee has only spent 4 days out of his/her 6 month probationary period and have an AWOL or same day resignation, does he/she still needs to be cleared(go under the process of clearancing) or a resignation letter is enough?ReplyDelete
Thank you..Replies
same day resignation and the company allowed it? yes, a clearance may be necessary specially if the employee was issued company properties or were given access to some important company information.Delete
- Anonymous6:43 PM
additional question for the above, when asked further the reason for my resignation, is it ok if i would say that "i have accepted a job offer from another company, which offers me also better benefits"?ReplyDelete
Please advise. Thank you in advance.Replies
Isn't that almost always the case when people leave? They found better opportunities?Delete
DO you mean AWOL which means you are never returning to work? or AWOL as in absent without leave but surely coming back? If it is the first, I believe they can't hold you accountable because there is no contract in the first place. If it's the second, then you may have some problem there when you return to work. Now, my opinion is always don't burn bridges if you can. Contract or no contract, file a leave if you are not going to report for work or resign if you wish to disengage... Unless they are not paying you for the work that you did.ReplyDelete
HI i left work after a week of employment. I has expressed my resignation verbally with my boss and never went to work after that. after a week, I sent a formal resignation over email. Will I be sued for damages?ReplyDelete
Depends... Were there damages>ReplyDelete
- China girl6:33 PM
Hi Ed! Just want to ask if I am still bound to render 30 days notice prior to my resignation date if I do not have a contract with the company? Is a letter of intent may be considered as a contract? Will it be possible for me not to render 30 days anymore if the only paper I signed with the company is just a letter of intent? Is it legal to charge an employee if he/she will not be able to complete the 30 days notice? Please advise. Thanks!ReplyDelete
I'm not sure. I'm not a lawyer, but what I would do is cite in my resignation that since i don't have a contract a contract with the company stating the conditions for separation I would like to effect my resignation immediately (or in one week)ReplyDelete
- Anonymous11:10 PM
ask ko lang if i still can have my COE despite i filed my resignation effective immediately?i talked to my manager and he allowed me to file my resignation but he put it in my resignation that i did not follow the 30 days stay in the company before i file my resignation .and now i am hired by one of the company here in our province and they want my COE. Do i still have the right to get my COE from my previous employer..thank you and i hope you can help me regarding my problem...
The answer is yes. It's your right.ReplyDelete
- Anonymous2:23 AM
hi sir.. need ko po immediate response po...ReplyDelete
i am a teacher.. and been teaching for seven years... i have plan to file my resignation on monday, immediate because i was hired on public school and i need to report on tuesday. i asked the assistant principal of the possible consequence and she told me, aside from verbal negative words, they might file a legal case against me, since i am going to leave my students hanging... i didnt resign during vacation coz i am not sure if the public will call me. and now the public call me and i have to report immediately. i am a regular employee... please help me po asap
I'm afraid I can't help you there. Your school sure has a policy about resignation that you are expected to follow. I suggest that you get a lawyer help you if and when you decide to file your resignation and your school decides to sue you.ReplyDelete
- Anonymous12:01 PM
Hi sir, im sorry to ask this question . I just want to know if it is fair, legal or an acceptable HR practice that my company requires employees to sign a contract stating that in case of resignation, employees will have to render 90 days notice. (however, it is stated that the company may hasten the effectivity to less than 90 days). My worry is the fact that there are no applicants for the position that i hold now. And in case that i will file my resignation, the company might require me to stay with them and do my duties until 90 days. Will the 30days required by the law veto the 90days policy in the contract that i signed ?ReplyDelete
I'm not sure you can get your COE that easy. If I were your employer, I will ask you to settle whatever accountability you have after going AWOL and secure a clearance, and then I will give you a COE. But, I am not your employer so my best advice is for you to ask them for it and do what is necessary to secure it.ReplyDelete
Hi Sir Ed,ReplyDelete
I am currently a part time student and now applying for a job but have been AWOL (did not return to work) after 1 week of employment last year, January 2011. Do you recommend I write this in my resume or disclose it to the HR where I am currently being processed for interview?
A lot of people have told me not to disclose this in my employment history anymore but I'm afraid the HR (where I'm being processed) may find out about my AWOL and my latest employer through my government mandated benefits contributions (even if I did not receive any salary or paid for any contribution with the last company).
The scenario and reason for my AWOL:
The recruitment firm told me I was going to be an HR Jr Business Partner. Unfortunately, on the day of the Job Offer and contract signing, it says that the position was for an HR Support Specialist. I asked and the HR manager told me that the position name was the only discrepancy and that the responsibilities would still be the same - i.e, assist the HR Business Partner. When I was deployed in this multinational company, I was expecting to have training and orientation like I had with my previous employers - they did not meet my expectations of a multinational company. They did not give me anything to do, so as a proactive employee, I asked for tasks that need to be done and processes that I need to learn. For 3 days, I learnt from everyone that all of us were HR Support Specialists and that we will never be regularized - we are tagged as contract employees only. For the last 2 days that I was there, I was asked by the HR Business Partner to organize her files in the lateral and throw the outdated files in the trash bin. I did not expect this responsibility - I felt humiliated because I had never been asked to do these tasks with my previous employers. I called in sick the week after then did not report to work anymore.
You're reply to this inquiry will be highly appreciated. It will surely help me in my future endeavors.
Thank you in advance.
My opinion - if you feel that disclosing your AWOL to your current prospective employer because your reason is justified, it is not. You could have done the right thing and quit the job properly. Now, will your future employer trace it if you don't disclose it? most likely not unless they hire an agency to do a thorough background investigation which most companies don't do specially for non-key positions.
- Anonymous8:48 PM
Hi, Sir EdReplyDelete
I have a question regarding my previous employer. Like what was discussed in this thread. I also resigned effective immediately due to health and personal reasons. I even provided a medical certificate from my psychiatrist because i was stressed from work and i experienced depression when my immediate superior accussed me wrongly that lead to a heated discussion (she accussed me of being a backfighter and not supporting her because of a few problems in our dept). Because i was hurt, i immediately filed an immediate resignation and did not return to work anymore, I submitted my medical certificate. HR informed me that yes they will provide a COE but it will be indicated in the COE that i did not render the 30 day notice rule.I even paid the remaining bond in this company because my contract to them is 1 year but i only rendered 10 months.I am also cleared of any accountabilities with the company and my final pay is on process already. My question is, will the clause in my cert of employment not complying the 30 day notice rule affect my future employments? Do i Have to share the real reason to the future employer why i left the company and did not render the 3o day notice rule? Hope you could give me some advice on this. I was thinking if i have the right to demand to them not to include the 30 day notice rule in the COE.
thanks and more power.
- Anonymous12:03 AM
Dear Sir,ReplyDelete
I would like to raised my concerned regarding my last pay. I'm a contractual employee of Manila Central University as Senior Accountant for 6 months. I started my Job there last Feb 20, 2012. I submitted my resignation letter last June 5, 2012 effective July 5, 2012. I was not able to complete the 30 days requirement because I started already my new Job at DBP head office last June 25, 2012. The HR department now in MCU hold my clearance for my last pay. My question is, Is it right to hold my clearance for my last pay due to non compliance with the 30 day policy? What will I do in order to get my last pay?
Hoping for your immediate reply.
Thank you.
I suggest that you call them and ask them what you need to do to get that clearance and get your last pay. You need to clear yourself of all accountability before they give you your last pay. Ask them how you can make up for not fulfilling your promise of serving 30 days notice.ReplyDelete
- Anonymous9:50 PM
Hi, before i sign contract, i want to know something:ReplyDelete
do i have any right to resign from a job with contract if i'm not happy anymore at my job? because i have read the contract that say "an employee should not pre-terminate his contract without approval of the office. the employee should pay the amount of 20,000 if he did not abide"--- what's that suppose to mean? i hope it doesn't mean i can not resign until the end of my contractReplies
that is exactly what it means. If you are not happy with the conditions, don't sign the contract.Delete
- Anonymous8:29 PM
Can you help me? I initially filed a resignation effectiveimmediately, but since they did not approve, I filed a resignation effective 30 days. Now they wont accept and approve my resignation. Or they are trying to delay approval para a delay ang 30 days notice. Is this possible? When does my 30 days notice start? Upon their approval?ReplyDelete
Send it again and state that it is irrevocable. If you follow all the company policies in resignation, you shouldn't have any problem. No body has the right to stop you from resigning unless you have a contractual obligation that says something to the contrary.ReplyDelete
- Anonymous11:59 PM
A memo was serve to me of violating a company policy. I was given chance to face the person who is accusing me and be able to state what happen though i was not fully had a chance to talk and explain further because i am cut if i have something to tell that may affect other people on his team. Because of this I feel uncomfortable and feel like I am no longer capable of doing my task considering that a special dept has already loose a trust and confidence in me..the decision for the violation was still pending but i already want to resign effectively. what would be the implications of my plan?.ReplyDelete
I don't know what the implication is but if you are charging you of violating a company policy, you can either fight it or leave. If you are keen on resigning, why don't you just tell them?ReplyDelete
- Ally11:48 AM
Good Day po Sir Ed. In connection po sa topic, i tendered my immediate resignation and by doing so my operation manager told i will not get even a crossed eyed 5 centavos. But the company accepted my resignation they even sent me an emali saying so. But up to now they till hold my money in coop, my unused VL and SL..and since I was not also able to fille up and sign the ITR for this year i understand they should also give those amount thet witheld from my salary. Wala po ba talaga akong magagawa dahil hindi ako nag render ng 30 day notice?ReplyDelete
Your money in the coop is your money. They can't withhold that from you. Your unused VL-Sl may be forfeited for your failure to serve the 30-day notice but if you cleared with the company, you should get your last pay.ReplyDelete
- Ally7:24 PM
Salamat po Sir Ed. Pano po yung mga sss, Pag ibig contribution na hindi naremit ng company at yun din pong kinaltas na tax sa akin na hindi rin nila niremit sa BIR?ReplyDeleteReplies
dapat iremit nilaDelete
- Anonymous12:40 PM
i resigned from my post last september 28 due to health issues, i was unable to render 30 days notice because i am not able to submit fit to work form,even our clinic dr recommended medical leave.now that, i am having difficulty with my clearance,getting a lot of excuses such as the signatory is busy or in a meeting,which is kind of unacceptable since it really does not require a lot of time for the signatory to sign the clearance form,i have already surrendered everything they require of me to surrender.clearly it's just a power tripping case,wants separated employee to go back and forth and wait for nothing for hours.this is kind of depressing.what can i do regarding this? shall i call the attention of HR or go directly to DOLE? this for me is kind of abusive. thank you!ReplyDelete
I'm of the opinion that you first talk to HR and ask them to commit to a date on when you can get your clearance otherwise, you will be constrained to talk to DOLE. But it's your call to go directly to DOLE if you think you've already given them enough time to do what they are supposed to do.ReplyDelete
- Anonymous10:57 PM
Good day!ReplyDelete
Just want to ask for an advice regarding my sister's situation. She's a private school teacher for almost 5 years. Since she haven't signed any contract, she decided to apply at Dep Ed and passed it. The District Superintendent advised her to resign immediately on her current job because she may start teaching in public school not later than two weeks. Apparently when she go to Dep Ed to follow up her assignment they told her that the Directress of her past employer filed a case against her for not complying the 30 day notice which is provided by labor code. Is her employer have the right to file case against her? If so, what legal action should we do?Replies
The directress of that private school can't sue your sister because there's no contract involved. Whether to notify or not about resignation it doesn't matter. No contract, no liabilities. Were you able to know whether your sister signed any forms or agreement? It can be considered as a contract. And i guess since the superintendent advised her to resign immediately, it means there were no seen conflicts. A superintendent from deped is fully aware of this as he is masterate or doctorate and took legalities and HR courses.Delete
Was deped retracted her appointment? If not that would be okay and your sister can wait for a letter coming from a trial court for that. (if there's a real case filed against your sister. It will be so expenaive for a private school to chase after an employee i tell you and they will not consider spending thousands of pesos for a lawyer and others for that). Another thing, did your sister gone AWOL? Or was able to notify her directress that she's resigning? The fact that she was able to notify the employer about resignation i think she's safe. She can have a bad record granted she signed agreement or went awol and it is up to deped whether to still accept your sister or not.
I have a previos colleague whom a LET passer as well. We both hired as call center agents. When he was able to get the deped slot, he did not come to work anymore and submitted resignation letter after a week. Technically it is AWOL and our company already invested so much for our training. We are bonded to a cobtract as well and we have to pay the company 30k pesos for damages if went AWOL or resigned during training. But the company didnt do anything. Though his case is different in which nature of work is not the same. but legalities apply in this situation.
Thank god ive found this page.ReplyDelete
Hi ed. I have submitted my resignation last november 28 and resigned on december 29. During thelis period my superior is doing delayed tactics like asking tobrevise my letter etc. But i refused and they have accepted my letter. But when i was following up regarding how i will go about exit interview sched and clearance signing, my superiors were not entertaining my.queries and they just kept telling me "i guess" and "maybe's". Now i am sending email to them to request my COE to be issued on the same day that i will be cleared. But according to the HR, i need to come back on scheduled date and COE can't be signed immediately. Now i am thinking of my next actions because i could sense that they are really giving me hard time on this. They dont even answer my queries regarding things to return for HR and the process. For how many times they ignore my emails and phone calls. My concern here is that i live in pampanga and worked at eastwood. I cant afford na pabalik balik ako. Then may future employer pa ako sa taguig. What if weekdays pasok ko then my previous company told me na every thursday lang signing ng clearance and that will be office hours ONLY.Replies
You may have to ask your future employer to allow you to get your COE at the appointed time. We can all wish that all HR departments are efficient enough to give us what we need when we need them but the truth is, very few of us can do that. There is really no legal sanction for issuing COEs late, so my suggestion is to wait.Delete
Hi edwin. Thanks! I agree kaya abusado sila. Tapos i am negotiating kung pwede ko ipalakad sa iba clearance ko since hindi talaga ako pwede sa time and day ng clearance signing sxhed nila. Tapos sabi nila hindi daw pwede. Is there such? Kasi sa previous employers ko for as long as may authorization letter pwede.Delete
Capricho na lang yung hindi pwedeng ipalakad. All you have to do is give a letter of authorization as proof that you are in deed appointing that person to process your clearance in your behalf.ReplyDelete
I find that to be very sad.ReplyDelete
Here's an update. I was able to have my clearance signed. But they are asking me to pay for the bond. Here's the background: when i tendered my resignation 30 days prior to effective date, i have indicated that it is due to personal and health reasons. Then the HR representative told my lead that to avoid any delay for clearance and all, esp. To avoid conflict with regard to my resignation, i should remove health reasons. So i had my letter revised and omitted health reasons and retained personal reasons instead... Granted bond is in the contract but due to health reasons it should be waived. In my case, what can you say?ReplyDelete
- Anonymous2:41 PM
sir ed, im a QA specialist(BPO). nagclose po yung account na hinahandle ko and nilipat nila ko sa ibang account. pinaattend po nila ko ng training kasabay ng mga agents na nalipat. after that pinagdial din nila ko. feeling ko nademote ako however same pa rin ang sahod ko. pwede ba ko mag immediate resignation?ReplyDelete
I don't think so. kailangankang mag bigay ng 30 days notice unless the company agrees to release you immediately.ReplyDelete
I submitted an immediate resignation stating health reason, and i do have med cert but hindi credited ng hmo ko.. they declined it and wanted me to render for 30 days.. in my condition, do you think makakapagrender ako?.. they asked me to file a leave for 6 months... and then pag d pa din pwede.. don pa lang daw nila ako e approved.
now my question is kung mag awol ba ako.. may makkuha ako at makakapagclear?
nasa BPO ako..
anong reason nila for not allowing you to render an immediate resignation?ReplyDelete
sir ed... discretion po ba ng company to still ask for training bond kahit health reason ang "reason" for resignation? thanks poReplyDeleteReplies
Naku. I missed this one. It a depends on what is written in your contract. I suggest that you let a lawyer look at it.Delete
- Anonymous3:29 PM
Good day sir. I am on probationary contract of 6 months. I am on my second month now of the contract. I am doing a three-man job at work and i feel very unhappy with it aside from working six days a week, overtime work without OT pay and a stressful working environment. My health is already failing me.ReplyDelete
Can i quit (with the intention of one month notice for resignation) before the probationary contract ends? Nothing is stated in the contract if someone on probationary work should give one month or less resignation notice.Replies
Why don't you tell your immediate boss about your intention to resign? maybe he/she will waive thr one month notice or make the situation better for you.Delete
- Anonymous8:59 AM
Hi Sir Ed,ReplyDelete
I am actually working in a multinational company, my direct manager served me a written warning that has several points about my poor performance and the next time i wont meet the action points i will be terminated. I didn't agree with the points but I have decided to render resignation instead with 30 days notice so that I also have time to look for a job during my 1 month transition out. My concern sir Ed while I am undergoing the 30 days notice and for some reason can my boss raised another issue (included on the written warning points - about my performance) that will terminate me inspite that I have already tendered a resignation for 1 month notice?
Looking forward on your response.
- Anonymous11:30 PM
hi po!ReplyDelete
i am working in a bank as an internal audit staff. today, i gave my resignation letter to our VP. i stated in my letter na hanggang 30 days na lng aq sa bank. she answered me na unfair dw ang ginawa q., they invested on my trainings daw kasi tapos kelangan pa iaprove ng bangko sentral yong resignation q. approve na po kasi dw aq ng BSP as internal auditor last september 2012, eh, wla na man po akong nareceive na confirmation. kelangan pa po din daw po iaprove ng board of directors namin ang resignation q kasi crucial dw ang postion q, eh, di q nga feel na am doing my job. tapos dw yong trainings q, i have to pay those dw po, eh, wla naman aq pinirmahan na kontrata 2ngkol dun, wla nga aq emplyment contract na pinirmahan. sabi nya sa akin, iaccept dw nya ang resignation q but i have to stay in the bank until they can find replacement. i am asking an advice po kasi ayoko na magstay beyond sa 30 days notice na binigay q., what should i do po?
Good day sir,ReplyDelete
Nagresign po ako june 16, 2013 effective June 30, 2013. and then employer requested that i extend up to a month.
Below are my questions:
1. Do i have to revise and resubmit my resignation and change the date til july 16?
2. If during the turnover period nag absent po ako, are there some adverse effect on my resignation?
3. If i go AWOL during this period, what will happen?
Thanks po so muchReplies
Not necessary to change your resignation letter. Just ask them to give you a request that you will sign if you concur. Also discuss possible absences you might incur. Lastly. Don't go AWOL. You are still accountable until your employment with them is really ended.Delete
- Anonymous5:05 AM
good day! i am a private school teacher and have signed a 1year contract. am i allowed to resign? i mean does the contract will hinder me to have the resignation? prompt reply will be appreciatd. ;)ReplyDeleteReplies
Does the contract say that you are not allowed to resign? If it doesn't, then you should be able to resign if you want following the school's policy on resignations.Delete
- Anonymous12:02 AM
Hello I have a question/ inquiry...ReplyDelete
There is an online advertising agent who has been absent for two weeks. We send her a message to report and explain why she is absent and need to present the necessary documents. She promised to give it on a date she herself has given. But she was not able to comply those things needed at almost 3 weeks n ulit po xang ng absent after nung nakausap siya. We send her again a message but she did not appear or she ignore the messages.So we terminated her because shifting, day offs and posts are "destroyed". On the sahod day, she came over to claim her salary, (by the way the business is into commission basis) the supervisor did not give her salary for the reason that she is considered AWOL... before they enter in the company they signed a contract and one of the information in that contract is they will no longer receive their last salary if they absent themselves without official leave (two syraigh weeks,, but the company gave her a chance but to no avail) and she signed for it...It may be unfair,,, but rules are rules... Now she is claiming that it is illegal... Is it? thank you....Help me.Replies
Even if you have sufficient grounds to terminate the employee but you did not follow due process, the dismissal will be deemed illegal. Look up due process and abandonment of work in the labor code. You need to follow that in order to make the termination legal.Delete
- andoy11:19 AM
Hello sir.ReplyDelete
I am a bpo employee for 5years and 9 months now. I was hired 2007 and in 2012, I was "promoted" as a coach. The movement did not come with official appointment papers and no salary adjustment although there was a significant increase in duties and reaponsibilities. Come May 24th of this year, the operations manager talked to me that due to client preferences, the position I held together with my responsibilities are no longer required. I was given the option of going back to taking inbound calls again or taking voluntary time off (VTO) because he said there are a lot of slots available due to a low volume of incoming calls. I was not asked to file for VTO but i did come back on JUne 6, as agreed with my team manager, only to find out that i was still in VTO status and no work schedule assigned until JUne 10. On JUne 11, in a Facebook message I sent to my team manager, I told her I was so depressed could not eat for two days and had financial difficulties. i explicitly stated that i feel I may be incapable of doing my job anymore and offered to resign. I also opined that this may not be a valid reason to extend my VTO status. The TEam manager offered to file a prolonged leave of absence, and again, I told her I can't think of an acceptable reason. She told me she will work it out. Sometime during the latter part of June, the tm asked me when i am coming back, and i told her July 15 but expressed again my desire to resign if i find new work instead. The TM was well aware that I was looking for other work. In a subsequent message to the Tm in JUly12, i told her of the finality of my decision to resign. I submitted my letter of resignation dated JuLy 15, effective immediately. In my letter, i stated that i was coming from an inactive status anyway. In the whole period from May 25 to present, i did not receive any compensation. Last July 22, i received an email acknowledging receipt of my resignation letter but said that i need to render 30 days notice or submit med certa for my mom's medical condition. In previous personal and casual messages with my TM, i did mention that my mom had medical illness and i could use the vacation time to take care of her. Apparently, the Tm used that as the reason to extend the VTO status. I do not want to lie by fabricating fake medical certificates and i cannot render the 30 day notice because i had started training with another bpo. The TM was very well aware i was looking for other employment during all that time. My concern now is that my former employer might declare me AWOL before officially terminating me, thus depriving me of COE and 13th month pay. It is quite rare nowadays for a bpo agent to stay with a single bpi firm for 6 years and i feel it is a testament to my loyalty, patience and dedication to the tasks assigned to me before. Will i have legal grounds to contest being declared AWOL?Replies
You shouldn't be deprived of COE ANDand 13th month pay. I suggest that you talk to HR about your situation and justify your reason for your unwillingness to serve notice. I would add that you go to DOLE to air your concern.Delete
- Anonymous1:07 PM
I did immediate resignation. I handled my resignation to my co-employee and ask her to give it to the manager.the reason why i did immediate resignation is that i'm not satisfied with the work and i don't like it anymore.now, the company looking for me for clearance purposes.. is it necessary to go back to work while the company auditing me?ReplyDelete
thank you.
- Anonymous11:59 PM
Hi Sir,ReplyDelete
Two of my guy friends are planning to file an immdiate resignation from their company. I mean they will no longer render 30 days or even a day. As indicated on their contract failure to complete notice, then they need to pay 30k. They wanted to file immediate resignation because there's an ongoin investigation against them about committing, possibly fraud. They are partly guilty of this. However, there was no NTE yet, no admin hearing and no case was filed against them because they are still gathering evidences and technically they shouldn't know that theres an ongoing investigation. Good thing, they have an insider... They are clueless if they will file immediate? Or go on awol to prevent more damage other than bein tagged as awol? on top of this, they are not in good terms with the new supervisor w/c makes it even harder for them becausse baka 'mabalikan sila'. If you can share your toughts po. Thanks poReplies
Fo the right thing and follow the company's policy on resignation. They can ask for the 30-day notice to be waived. If management is smart they'll accept it. It will save them the trouble of investigation. If they don't, well, it's policy. See, i will always advise on following company policy. I'm an HR person :)Delete
Fo the right thing and follow the company's policy on resignation. They can ask for the 30-day notice to be waived. If management is smart they'll accept it. It will save them the trouble of investigation. If they don't, well, it's policy. See, i will always advise on following company policy. I'm an HR person :)Delete
- Anonymous6:59 PM
Hi Sir Ed,ReplyDelete
Can the company file a (criminal) case against an employee who has clearance already? Thanks!Replies
Yes, if they have good evidenceDelete
Hi Sir Ed,ReplyDelete
Just finished my probationary period last month but until now i haven't receive my regularization letter. No increase in my salary, then I've been working already for 50days/12hrs a day kasi 2 na lng kmi ngayon. I've been trying to ask the one's giving the payroll but they were not responding at all.I think my salary is not enough as what I had computed. And my manager is very rude towards us. Pwede po ba ako mag immediate resignation w/o notice for these reasons?
- Anonymous6:59 AM
Good day! Is the 30-day rule applicable to probee employees who does not have signed contract? I have found a better job and I asked the permission of my soon-to-be ex-employer but they said that it'll be effective 30 days right after I give my letter of resignation. But my concern is we don't have a wirrten contract yet since I am not yet their regular employee. Thank you.ReplyDelete
- Anonymous10:10 PM
i have a question. i went AWOL. after 17 days i received a letter asking me to explain why i went AWOL. i replied to them by writing a letter. when i submitted it, i also submitted my resignation letter. i only stayed there for 10 working days. they received both letters. am i still considered as a resigned employee?ReplyDelete
- Anonymous2:26 PM
Hi! I gave my resignation letter to my employer then after a week they verbally request for 1 month extension to finish the project i was deployed into. can i request from my employer to have a written request regarding my extension? and if ever the project wasn't still finish until a month, do i get held liable or if they can use those reasons to withhold my resignation?ReplyDelete
thank you!
- Anonymous7:57 PM
Hi folks! I would like to ask for your advice, Btw, here is the scenario. My contract originally end last January 31 and then they offered me to sign a 1 month extension(agreed verbally), then after a few days they revise there offer and change it instead to last for 3 more months but I have not signed anything yet and we agreed through email, my question is can I resign and stick to the 1 month extension that they originally first offered me even if I already agreed verbally on the 3 month extension since I have not signed anything yet? do I still need to tender for a 30 day noticed? tiaReplyDelete
- Anonymous11:26 AM
Good day! I am an outsourced personnel. My contract ended last december 31, i havent signed a new contract but i am working after december 31. i decided to resign last january 29 and it will be effective on feb. 28.... i am no longer reporting on my job since feb 1... is there a possible that they will declare me as AWOL even if i havent signed a ne contract....ReplyDeleteReplies
Its possible.Delete
- Anonymous2:56 PM
Hi, I've been working in this company since it opened 3 years ago. i'm one of the pioneers and is a senior employee. Dec 2013 we have no 13th month pay. It was just announced the day we're expecting it via internal email. It states that it will be delayed up to end of Jan 2014 because there were problems from collections from clients(singil). By the end of Jan 2014 some of the employees got their 13th mos pay. Employees from other department including mine we're not. I also learned that employees more junior than me received 13th mos pay. They say they cannot compensate everybody that's why they're giving away the 13th month pay by batch. The next batch would be by the 1st to 2nd week of Feb. Up to now i still don't have my 13th mos. Right now, my/our morale is low. It's hard for me to work thinking of the unfair treatment to us.ReplyDelete
Can I resign immediately on the grounds of loss of trust, insult and discrimination?
Thank you very much.Replies
Yes, you should. You also need to highlight the reason for your resignation.Delete
- Anonymous12:54 AM
what if you render your resignation thru email? are you entitled to final pay?ReplyDeleteReplies
You are entitled to whatever is due you as soon as they accept your resignationDelete
- Anonymous12:30 AM
Hi sir Ed. I need help. Ive been working 7months in a small business that doesn't provide benefits of any kind, no sss, no philhealth etc, no holiday pay, no paid sick leave, no work no pay and to top it off, no contract. Can I resign effective immediately?ReplyDeleteReplies
Yes. You can threaten them that you will complain in DOLE if they don't allow you.Delete
- Anonymous12:46 AM
Sir ED,ReplyDelete
We are resigning on our job. We signed a non-compete agreement, proprietary right acknowledgement and non-disclosure and employment contract
Is it true that when they signed our resignation. all the contracts that we signed are void?
Can you email me. email@example.com
Thank you very much
Im not sure. It depends on whay is in the contractDelete
- patricia2:52 PM
Hi Ed! I have this issue with my Supervisor I'm already rendering my 30days because of her "Power tripping" and she's on it again. Last Feb 19,20 and 21 I was on approved LOA because I'm sick since I dont have enough SL credits I requested to use my unused VLs instead and the operations manager approved since it was not approved on time it was deducted from my last cut off's pay so I'm trying to dispute it but my supervisor refuses to file it for dispute she even talked to other supervisors to back off and not help me file it she even stated its not always about the operations manager approval which is napaka lang talaga. Malapit na ulit ang sahod and I'm afraid hindi na naman to macredit sa pay ko because they have deadline. Please help!ReplyDeleteReplies
Why don't you formally complain to HR? And if you are resigning are you not getting the money equivalent of your unused leaves?Delete
- Anonymous2:00 AM
what if i was just resigning because of family matter reason and the effectivity was only 21 days from day it was filed? and they dont let me or accept my resignation can i ask to the dole for help? i graduated 4yrs and work as admin. i was the only admin their. and my basic salary rate was just 8700 pesos I think this is not the right salary for admin staff position?am i right?Replies
You can complain to DOLE about the compensation but not the notice period if it is the policy of the company.Delete
- Anonymous7:41 PM
i filed my resignation 15 days before but my employer didnt accept it they want me to stay for 1 month atleast..but i have to start with my new job asap.they said that if i ddnt finish the 1 month rule it means thats AWOL and i wont be able to get my backpay..im regular employee for 2 yrs. but we dont have any signed documents or anything just a verbal knowledge that were regularized and also the rules for the resignation process..what would be the right thing to do?ReplyDelete
- Anonymous2:36 PM
hi po sir ed, ngfile po ako ng resignation sa current company ko pero di ako mgrerender ng 30 days 15 days lang marerender ko.. almost 2 months pa lng po ako sa company ko. kapag di ako pinayagan ng manager ko then mgawol ako makakapaghanap pa po ba ako ng ibang trabaho kapag di ko isama sa resume ko? thanksReplyDelete
- Anonymous4:47 PM
Hi. I submitted my resignation letter to my immediate supervisor on January 20, 2014, she just read it and did not sign it, she even got the 2 copies that I have. she advised me to go back the next day because the manager would be the one to decide. I was not able to come back because I was busy at school( i also told her that I might not come because I have a scheduled exam the next day), then I received letters sent to me dated before January 20, but I just received them January 27 stating that I was already terminated. Did my immediate supervisor do the right thing by not signig my resignation letter as received? Hope to hear from you.ReplyDelete
Si ed tanong ko lng sana terminated po ako last dec they gave me clearance but no coe now i got hired 1. I declared my previous job is that correct? 2. Makakakuha ba ako ng coe sa kanila 3. Clearance works like a coe pwede ba un nlng ipasa ko sa employer ko ngayonReplyDelete
Si ed tanong ko lng sana terminated po ako last dec they gave me clearance but no coe now i got hired 1. I declared my previous job is that correct? 2. Makakakuha ba ako ng coe sa kanila 3. Clearance works like a coe pwede ba un nlng ipasa ko sa employer ko ngayonReplyDelete
Good day Sir!ReplyDelete
May ilang katanungan lang po ako:
1. Ilang days po ba makukuha ang certificate of employment after sa effectivity date ng resignation?Nakasaad po ba yon sa labor code?.
2.Pwede na po bang mag pa clearance kahit may pasok ka pa at saklaw pa sa effectivity date?
3.Pwede po ba e claim lahat ng remaining annual leave credit at isali sa date of effectivity.May 10 days po aqng natitira na annual leave.
Hope may response po..Maraming salamat po!Replies
Depende lahat sa kumpanya ang sagot sa tanong mo. Walang batas na nagcover nyan.Delete
- Anonymous8:53 PM
If an employee already filed a resignation but was not able to render the 30 days of service yet got sick but when was about to report to work already tagged as awol what would be the best thing to do?Replies
If you did not file a formal sick leave, you'll be tagged as awol. If you violated the rulea on resignation and filing of leaves, it is likely that you will be fired. If you filed a formal leave, complain to DOLE. If you didn't, move on.Delete
- Anonymous8:07 PM
Hi sir, I filed my resignation indicating with the preferred date of my departure which is less than 30 days, due to an opportunity with much bigger salary. The HR Manager signed my resignation with a note "..if any problems comes within I can be contacted thru phone", I certainly agree and turnover my task to mys assistant. Prior to my resignation plan, few months ago, I already felt inconsistencies and the way I look my future for the company will not grow any further. The work environment is deteriorating and lastly that took me trigger to quit, I was insulted by my superior in-front of the two other managers. Now I'm on my new job on a difficult graveyard schedule. My previous employer want me to train and turnover at least a whole week which will be conflicting to my new job. If I will not do it, they could put me as AWOL. What would be my consequences or does it may affect my current employment??ReplyDelete
- Anonymous11:27 PM
Hello sir, I filed my immediate resignation last month june 16 , 2014. and went on training on the same day. But before it happened, on the 4th of June we had our Business review, and i can say na "nagisa" ako during that BR. I keep on explaining my side but they don't even seems to listen, and what hurt my feelings the most is when our NSM said to me that "paikot ikot lang tayo eh, alam mo tingin ko sayo WALA KANG COMMON SENSE!". She said that infront of the supervisors, product managers.ReplyDelete
The day had past and i still carry that pain, pakiramdam ko sa sarili ko na ang bobo ko because on what she said.. When another company called me (actually pirated me) they want me to attend the training on June 16, 2014. Dun ako nagkaron ng lakas ng loob umalis and to file my immediate resignation.
My question is pwede ko pa rin ba gamitin ito sa situation ko??
1. Serious insult by the employer or his representative on the honor and person of the employee; - This in particular?
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Please help! Thanks
- Anonymous11:29 PM
Hello sir, I filed my immediate resignation last month june 16 , 2014. and went on training in other company on the same day. But before it happened, on the 4th of June we had our Business review, and i can say na "nagisa" ako during that BR. I keep on explaining my side but they don't even seems to listen, and what hurt my feelings the most is when our NSM said to me that "paikot ikot lang tayo eh, alam mo tingin ko sayo WALA KANG COMMON SENSE!". She said that infront of the supervisors, product managers.ReplyDelete
The day had past and i still carry that pain, pakiramdam ko sa sarili ko na ang bobo ko because on what she said.. When another company called me (actually pirated me) they want me to attend the training on June 16, 2014. Dun ako nagkaron ng lakas ng loob umalis and to file my immediate resignation.
My question is pwede ko pa rin ba gamitin ito sa situation ko??
1. Serious insult by the employer or his representative on the honor and person of the employee; - This in particular?
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Please help! Thanks
- Anonymous12:48 AM
pero pinagclerance po aq na tag na po kc q as awol. kaia ask q lang po if may financial accountability po kai aq pag ganun?ReplyDeleteReplies
Depende kung ano nakalagay sa contract mo.Delete
- Anonymous8:25 PM
Hi SIr,ReplyDelete
Ask ko lang po kasi I already sent/submit my resignation letter sa employer ko tapos hindi ko po na tapos yong last 1 week ko... It means that AWOL na po ba ito ...??? pero kasi naka lagay sa email nila na naka "LEAVERS NOTICE" ako doon pero after 1 year I ask po sa HR na if pwede ba mag re apply kasi sabi nila mag apply daw ako uli sa company ... tapos sabi ng HR na hindi na daw ako pwede bumalik kasi nag AWOL ako ... I wonder y kasi nag submit naman ako ng resignation letter... my foul po ba duon???
- Anonymous8:26 PM
Hi SIr,ReplyDelete
Ask ko lang po kasi I already sent/submit my resignation letter sa employer ko tapos hindi ko po na tapos yong last 1 week ko... It means that AWOL na po ba ito ...??? pero kasi naka lagay sa email nila na naka "LEAVERS NOTICE" ako doon pero after 1 year I ask po sa HR na if pwede ba mag re apply kasi sabi nila mag apply daw ako uli sa company ... tapos sabi ng HR na hindi na daw ako pwede bumalik kasi nag AWOL ako ... I wonder y kasi nag submit naman ako ng resignation letter... my foul po ba duon???
Agency langReplyDelete
- Anonymous2:26 PM
Im working under agency as sales associate. Gusto ko ng mgresign kahit more then a month pa po aq. Hindi kasi nila binigay ang first salary ko. Everytime na mgfollow up, iba iba ang feedback. First ok na dw hintayin lng na mapasok. Tapos kinabukasa wala pa dw approvan at yan ay paulit ulit until they give a date na sure na dw monday sept.2,2014. To think ng pass aq ng dtr aug.16,2014. Until now wala pa rin. Gusto kung mgresign due to this problem. Sa contract ko nkastate dun na ma forfiet po yung cash bond q kapag hind natapos ang contract. Do they have the right to forfiet my cash bond? And do they have the right to hold my salary na wala naman po akong nagawang kasalanan? May hatol po ba ang employer na dnidelay nila ang sahod nang ilang days from the said pay day? Pls. Give me an advice coz what they did is very inhuman.
Thank you
Good day,ReplyDelete
I have a question about the valid grounds for immediate resignations. I have been working in a BPO company for some time now, my immediate supervisor has never been too fond of making us file sick leaves because he cares too much about his metrics. Few times have I been sick and I always follow the cal-in procedure for sick leaves and always has he rejected it for terms of "Just come in to work." And if I tell him that I really cannot "I will tag you as AWOL." Even though, I have completed the filing process, he never validates it and instead tags me as AWOL. There was even a time when a colleague of mine accidentally stepped on a nail on her way to work causing her to become late, instead of asking if she's okay, she scolded her as if she was able and gave her a "behavioural coaching". Now, would his treatment of me and the his employees be a valid reason for an immediate resignation, because I am more than ready to leave that workplace?
- Anonymous12:01 PM
hi,. im a nurse working at a private hospital. Im not happy anymore with the environment and the salary theyre giving me so i decided to file a resignation letter effective 15days after giving it to my supervisor (i signed a contract of 2years to them). hence, she told me about the 30days notice and our chief should be the one i consult for it. but she received my letter as a proof of my resignation. so i didnt bother to consult our chief nurse about the resignation since our supervisor will give it to her and she will read it. now the thing is, after a week, i called our chief nurse if she received my resignation letter, she told me that theres no way she will approved my resignation because it should be a 30days notice and i still have to go on duty,. what should i do??? I am resigning because of the reasons above and is now hired as a staff in a new job close to my hometown. kindly help me please. im really confused ryt now.ReplyDelete
- Anonymous1:11 PM
hi sir ed. I just want to ask a few questions regarding my situation.ReplyDelete
I gave the management my resignation letter indicating a short notice. I was hired abroad and I had already a plane ticket thats why the notice I gave was just 9 days. The management then told me that it is a violation of the 30day notice rule. I was terminated and management said that it is better rather than suing me for damages. Is a short notice for resignation against the law? What damages can they file against me?Replies
It"s a breach of contract. If they have evidence that your short notice will cause them to lose money, they may sue you. But they are saying that they are just firing you so it should be ok.Delete
- Anonymous11:40 PM
Thanks Sir Ed, in that case it is an illegal termination? Since they cannot use the short notice as a ground for termination. The right way is for them to let me go properly then file a suit against me for damages?ReplyDelete
I just felt somehow my rights as an employee were a little bit violated. I worked for them for 7 yrs with an unblemish record but ended up being terminated just by simply resigning. The truth is it was a form of retaliation. They just hate it when their employees leaves them.
Actually they have legal right to terminate you because you violated company polixy by not complying with 30-day notice.ReplyDelete
- Anonymous1:24 AM
Thank you Sir Ed for replying....but can a company terminate an employee just simply because it is written in their policy? I have seen some weird rules written in a policy like "...termination for refusal to sign a specific contract". Isnt it that a company's policies must be accorded to the labor code of the Philippines?ReplyDeleteReplies
The 30-day rule is standard and sanctioned by the labor code. It's not a petty rule. Put yourself in the shoes of your employer. How secured will you feel if employees just decide to go whenever they want with only short notice? How do you continue doing business if people just stop reporting for work anytime they want because there ia no policy on separation?Delete
- Anonymous2:14 PM
Thanks Sir Ed....but.....according to the labor code I "MAY" be held liable for damages for not giving a 30-day notice. It does not say it can be use as a ground for termination. For me, termination is the worst an employer can give to its employee since I will have to carry this record for the rest of my life and could affect my future employment. Dont you think sir its quite unfair aligning me to those employees who did something gravely wrong against the company since all of us are branded terminated? The damages on the company for short notices are nothing compare to the damages it will bring to an individual employee who was terminated because of the short notice. So, I think sir, termination is not the right punishment for short notices.ReplyDelete
If you have an opinion about this topic or a related experience you want to share, please feel free to leave a comment but please be respectful. No bad words please or I will be constrained to delete it.

subset: commoncrawl


text:
There's good news and bad news on the striker front for Arsenal fans this morning.
The really bad news is that it seems unlikely that Real Madrid's Gonzalo Higuain will be and Arsenal player as according to a newspaper in Italy he is heading for Juventus.
La Repubblica suggests that the marksman had already agreed to join Juventus on a four year deal. The only potential stumbling block is the price with Madrid wanting £25 million and Juve obviously not wanting pay anything like that.
The only sliver of hope for Arsenal,fans is that Juve are also supposed to be on the verge of nabbing Stevan Jovetic too. And they have already lined up Athletic Bilbao's Spanish forward Fernando Llorente on a free transfer. So do the team need a trio of new world class strikers?
One goal score with plenty of Premiership experience has given the club a bit of come and get plea.
Christian Benteke told the Express yesterday…
"I hope that if I leave my club a deal can be done more quickly than the one last year," he said.
"There is no point in me getting into a tug-of-war with Villa, and I don't think there is any need for one. If the chance comes up for me to join a club like Arsenal, I am convinced that we can reach a compromise where everybody comes out a winner.
The paper says that £20 million would be enough to scoop the Belgian marksman, but that Atletico Madrid are also keen on the player too.