peithe

help naman oh!!

What is difficult in your situation is that there are no documentation or contract whatsoever pertaining to your employement. While most labor rift can be filed with the DOLE for arbitration. I guess given the scenario the most logical would be finding an amicable settlement at the baranggay level. Otherwise the baranggay will have to make an arbitration on your complaint. If you're unhappy, then you could elevate to the DOLE. But given the cost for legal expense if ever, is it worth it? Baka abugado lang ang kumita.

That's my 2 cents worth ...

I agree that mere notice will suffice. Maybe what he meant was RECEIPT. So to prove receipt, someone authorized to receive a notice should acknowledge receipt of the letter of resignation. Incidentally, while loss of trust or confidence may be a valid reason for termination, it also comes across as not meeting the standards set. Which is why for practical purposes, the latter is the most common way of terminating a probie, no further explanation or paperwork necessary.

As the case mentioned the conflict arised when the employee which is still on Proby status tendered his resignation but the Boss refuse to acknowledge/receive it since she insist for a 45 day notice be given which was not acceptable to the employee. The employee stood by the 30 days but as a courtesy said she will talk to to the new employer if she would be able to give an extension or her start date. Unfortunately it can't be done so the employee get back at the boss after almost 2 weeks and advise that effectivity is really 30 days from the time she tendered the resignation (which was not acknowledge).

Since employee was acting in good faith, she did not bother to let other people receive the said letter although the resignation is common knowledge in the office.

In this scenario, given the boss refusal to receive the resignation because as she said "I wont sign it unless you change the effectivity date to 45 days thereafter" does the employee have a case?

Also if the status of an employee is on PROBY and wants to resign, what would be the required # of day prior notice?

She can work til the end of the month if she wishes but why would she? basically, she's getting paid despite not working while on terminal leave. Also, the law doesn't require a notice of termination considering she resigned from the company.

 

Just a few points.

 

• A probationary employee is one who, for a given period of time, is under observation and evaluation to determine whether or not he is qualified for permanent employment. During the probationary period, the employer is given the opportunity to observe the skill, competence and attitude of the employee while the latter seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. The length of time is immaterial in determining the correlative rights of both the employer and the employee in dealing with each other during said period.
   
  A probationary employee enjoys only temporary employment status. In general terms, this meant that he was terminable anytime, permanent employment not having been attained in the meantime. The employer could well decide he no longer needed the probationary employee’s services or his performance fell short of expectations, etc. As long as the termination was made before the expiration of the six-month probationary period, the employer was well within his rights to sever the employer-employee relationship.
  

 

 

It is thus incorrect to assume that a probationary employee cannot be terminated due to a loss of trust and confidence. With the facts given, neither can we assume that the positiom Ms. A occupied was not embodied with trust and confidence.

 

• Acceptance of a resignation tendered by an employee is necessary to make the resignation effective.
  

 

Until accepted, Ms. A was not considered having resigned.

 

Lastly, mention has been made of the twin notice rule. However, it does not automatically apply here. Unlike the first ground for the valid termination of probationary employment which is for just cause, the second ground, which is none compliance of the reasonable standards, does not require notice and hearing. Due process of law for this second ground consists of making the reasonable standards expected of the employee during his probationary period known to him at the time of his probationary employment.

I am not a lawyer but I beg to disagree with the above when you said ACCEPTANCE of the RESIGNATION of the employer is REQUIRED. What would be your basis for such?

Per Art. 285 of the Labor Code as Amended, only a 30 DAY PRIOR NOTICE IS REQUIRED. I think the key word there is NOTICE. It would be unfair naman for the employee if he/she intends to leave or terminate the employee-employer relationship but the other party would not agree/accept the resignation. If acceptance would be required then we probablu won't see key personel in the company moving. If you think that person is an ASSET then using your argument I will just NOT ACCEPT the resignation and he's stuck with me. I guess in reality, what happens is that the boss would at times say I don't accept your resignation. But it is probably a way of saying "PLEASE RECONSIDER" if the employee persist, I don't think there's anything legally binding.

It was mentioned above by PROBY employee employees can be terminated anytime ... so what if the Proby employee wants to leave/resign? Can he do so anytime? Is there a required notification period?

She can work til the end of the month if she wishes but why would she? basically, she's getting paid despite not working while on terminal leave. Also, the law doesn't require a notice of termination considering she resigned from the company.

 

Just a few points.

 

• A probationary employee is one who, for a given period of time, is under observation and evaluation to determine whether or not he is qualified for permanent employment. During the probationary period, the employer is given the opportunity to observe the skill, competence and attitude of the employee while the latter seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. The length of time is immaterial in determining the correlative rights of both the employer and the employee in dealing with each other during said period.
   
  A probationary employee enjoys only temporary employment status. In general terms, this meant that he was terminable anytime, permanent employment not having been attained in the meantime. The employer could well decide he no longer needed the probationary employee’s services or his performance fell short of expectations, etc. As long as the termination was made before the expiration of the six-month probationary period, the employer was well within his rights to sever the employer-employee relationship.
  

 

 

It is thus incorrect to assume that a probationary employee cannot be terminated due to a loss of trust and confidence. With the facts given, neither can we assume that the positiom Ms. A occupied was not embodied with trust and confidence.

 

• Acceptance of a resignation tendered by an employee is necessary to make the resignation effective.
  

 

Until accepted, Ms. A was not considered having resigned.

 

Lastly, mention has been made of the twin notice rule. However, it does not automatically apply here. Unlike the first ground for the valid termination of probationary employment which is for just cause, the second ground, which is none compliance of the reasonable standards, does not require notice and hearing. Due process of law for this second ground consists of making the reasonable standards expected of the employee during his probationary period known to him at the time of his probationary employment.

I am not a lawyer but I beg to disagree with the above when you said ACCEPTANCE of the RESIGNATION of the employer is REQUIRED. What would be your basis for such?

Per Art. 285 of the Labor Code as Amended, only a 30 DAY PRIOR NOTICE IS REQUIRED. I think the key word there is NOTICE. It would be unfair naman for the employee if he/she intends to leave or terminate the employee-employer relationship but the other party would not agree/accept the resignation. If acceptance would be required then we probablu won't see key personel in the company moving. If you think that person is an ASSET then using your argument I will just NOT ACCEPT the resignation and he's stuck with me. I guess in reality, what happens is that the boss would at times say I don't accept your resignation. But it is probably a way of saying "PLEASE RECONSIDER" if the employee persist, I don't think there's anything legally binding.

It was mentioned above by PROBY employee employees can be terminated anytime ... so what if the Proby employee wants to leave/resign? Can he do so anytime? Is there a required notification period?

Since the subject is merely on probation, there is no way breach of trust and confidence can be used as a basis for termination. That reason is normally given for termination of officers, whose positions are given due to trust and confidence in them. For probies, the only reason to terminate is that they did not meet the required standards of work that should have been made clear to them at the start of their employment. Obviously there is bad faith here as the decision to terminate was given after a letter of resignation was tendered.

 

While the law requires 30 day notice for resignation, company policy only provides for one week's notice. The company policy prevails since it is more beneficial for the employee than what the law provides. So I think the 30 day notice was beyond what was required of the subject.

 

As to the clearance, if the employee does not have any outstanding financial obligations with the employer, the employer is bound to give such clearance within a reasonable time. If the employer unjustifiably refuses to do so, I believe the proper remedy would be to go to DOLE to compel the employer to show cause why it refuses to issue the clearance.

 

On the practical side of things, so long as the new employer understands the situation, the subject can be accepted for employment. As to the resignation letter, if the supervisor refuses to accept it, perhaps the secretary of the boss of the supervisor or the HR can acknowledge receipt. Even if the resignation was done within less than the prescribed period, what can the previous employer do about it, other than refuse to give a clearance, but again, so long as the subject has no financial obligation, why should the employer refuse to do so? Especially considering that the subject was still under PROBATION and is not considered a regular employee.

Thanks for those who gave their opinion on this matter ...

I am no LAWYER ... however I believe that given the initial feedback from you guys, I was able to give proper advise to Ms A on her problem.

As a situationer update ... This GM decided to talk to the employee and the supervisor separately yesterday. After meeting with the supervisor, the GM met and spoke with the employee advising her that the intent to resign effective 30 days from the intial notification date stays but was requested to make the turnover immediately and file for a terminal leave effective 10/14. I guess the supervisor probably realized (or was advised) that she is in a loosing position as there is no legal basis for the actions she intend to take.

The above course of action of the Employer is a clear sign that they have back down and they could not have effected the Lost of Trust clause for termination. Otherwise they would be subject for lawsuit as how in the hell they would able to justify that the employee even as a proby one would be terminated bec she did not meet the work standards? Kung ganun kasi, then the employer should have not requested her to extend for 45 days instead of the 30 days as what was stated in her resignation letter.

Now for purpose of discussion ... Can Ms A refuse to file for terminal leave and insist on going to work up to the end of the month considering that the company did not formally serve a notice of termination? My reading is the company cannot ... Ms A can continue to report to work.

About LABOR issues naman ... would love to hear opinion of the experts.

case:

Ms. A currently is a proby employee and is due for permanency is less than a months time. Last Sept. 30, she filed for her resignation. Her immediate supervisor/boss would not want to accept/acknowledge the resignation letter since the supervisor is insisting that MS A stay for 45 days effective upon filing. THe supervisor wanter Ms A to change the effectivity of the resignation letter. Ms A consulted her "new employer" about the matter, whether she could report 45 days after but was declined since the position needs to be filled up ASAP. A week after, Ms A advised her Supervisior on this matter and insist that the initial 30 days notice is final. The supervisor was angered and tsaid that the 30 days notice should only start that day or from actual receipt (since her position was that she did not acknowledge the resignation when it was given to her last 9/30). When Ms A refuse, she hreatened to "TERMINATE" her that day for breach of Trust and confidence and no clearance will be given.

BTW, as an added insight, per company policy, proby employees are required 1 week notice for the effectivity of their resignation. There was no document/memo given pertaining to her being classified as a permanent employee todate.

QUESTION:

Does MS A's supervisor have the right to terminate her for Breach of Trust and Confidence?

Can Ms. A insist that the 30 days notice of her resignation should start from 9/30 even if her supervisor would not want to receive/acknowledge the said letter when it was brought to her attention?

MY OPINION:

As to the first, legally I think the supervisor has the right to terminate Ms A for Breach of Trust and COnfidence. It is the perogative of the employer to terminate the services of an employee with Just Cause. However, given the situation or the timing, I believe there is BAD FAITH if ever the supervisor decides to do so. Ofcourse, I belive that there should be due process by indicating or informing the employee what truly transpired to merit the breach of trust and confidence. Further, if there was really loss of trust and confidence, the supervisor should have immediately accepted Ms. A's resignation effective on the 30th day (or on the day itself) and no longer requested that it ammended to 45 days. What transpired clearly is a case of HARASSMENT ... trying to get back at Ms A.

As to the second question, the effectivity of the 30 days written notice should start from the time it was presented to the supervisor last 9/30 even if the supervisor would not want to acknowledge it. The LAW is clear when it states that what is required is submission of a written notice 30 days from the effectivity. Consent is NOT REQUIRED!!!. Also, Ms. A being a proby employee can cite the company's policy wherein proby employees only need 1 week notice.

WOULD APPRCIATE OPINIONS FROM LEGAL EXPERTS IN THIS FORUM ON THE SUBKECT MATTER ... What are the other legal rights of Ms A under the circumstance. If push comes to shove and she won't be given clearance, what legal case can she file?

Hindi namn doubling the price ... i believe in the US the unit is being sold at $200-$300 but with an AT&T line subscription. If you look at the price of the plan that you need to subscribe, I think Globe package it almost the same. But again I think for it's price category, feature-wise you're better off with the Nokia E90. But again maybe the target market for these two fones are different ... wherein the E90 is for business and professionals while the Iphone for the yuppies.

bro,

try nyo sa vm resort, or delgado's, kung di problema ang budget, try mindorine hotel.

dreamwave ok rin, pasama ka sa mga tourist guides na

sasalubong sa boat pag dating nyo ng whitebeach para makapili ka ng resort na magugustuhan mo,

drop by foodtrip and hopefully magkita na tayo dun...

see ya!!!

Sir Gyobs magkano ba rate now sa mga nabanggit mong hotels ...

hi there just want to have an idea...

 

what is the cheapest are fare going to hongkong for like a week siguro? me my wife and my 2 yr old kid, full ba ang bayad sa kid ko?

 

thanks guys!!!!

Cebu Pacific currently has a seat sale that will last up to 1/17/08 ...P888 ++. This is for the period 02/01/08-05/31/08.

Unfortunately, unlike other airlines, Cebu Pacific does not offer discounts to children's fare (unlike PAL)

naku ... my first paycheck was not that much so did not buy something that was substantial. However I recall that during my 1st Xmas bonus, bought myself a mini component

It will be the CIVIC for me ... maganda also perfect interior configuration

Been to 3 Disney Parks ... Disney World Florida, Disney Land LA and Disney HK. Of the thee HK is the smallest with Florida the biggest (probably 3x the size of LA and 1/10 of HK). IMHO, HK is not the best alternative to Disney World or even Disney Land but would be a cheaper alternative if you live in this part of the world.

Comparing it to Disney Land ... Disney HK in terms of its rides and shows will be around 6-7

Sir Gyobags got your reply (via PM) ... thanks a lot!!!

The one in Legaspi, Bicol is great!!! I just tried it once and I forgot the name but grabe sarap... I think they put cheeze in it and it melts in your mouth.

Rolex design are classic ... through the years maybe some alterations but generally the same. Just look how the submariner, explorer II and gmt look.

Designs are not really extraordinary ... but the brand have been associated with a "Status Symbol" ... got a datejust twotone bracelet gold face with studs. It was a gift from my parents. On my own ... bought an Explorer II (white face) as a "souvenir" for a career milestone.

im not sure about the complete details on all these but what I heard is that yung gas ng shell e mas matapang daw compared sa iba. as far as i know, petron ang may pinakamaayos na gas since sila lang yung may 95 octane na gas and all the rest only have 93 octane. so ako, sa petron ako ngpapagas, yung XCS, kaso mabilis maubos so medyo mas magastos. just a 2 cent tho.....can anyone back this up for confirmation?? TIA! Peace!

What I know is that the Octane rating refers to the burning efficiency of the fuel ... the higher the octane rating, the easier for it to burn. The impact however will be a faster acceleration to your car.

In relation to my earlier post as well as to the comments above ... ang petron ba yung cheapest unleaded gasoline is 95 octane? in that case kasi it would be hard to compare it with the rest which i know has the octane of 93 lang.

When you fill up your tank there is the BIG 3 as well as other small players ... just wondering does the gasoline sold by each one differs or its generic.

Some says that there is a difference in the formulation ... supposedly for fuel economy (as the usual ads says more miles to your car). IS THIS TRUE? Care to share your experience/testimonies.

MERGED W/ EXISTING "WHAT FUEL DO YOU USE?" THREAD

Ako I gas up at Shell Shaw station ... the one across Puregold Shaw. P39.20 as of today. Note that along shaw there are 2 Shell Station (the other is near 9 de Pebrero) both offer the same price. There is also flying V and Petron too ... same price din. Further down along Shaw-Kalentong there is Caltex and another Shell after Lourdes hospital ... same price din.

maybe as a suggestion, we hope posters can update the prices from time to time for the benefit of everyone.

peithe,

 

any idea how much the inhouse massage costs in marco polo? also, was the attendant wearing a uniform or naka civilian? dun palang kasi magkakaron ka na ng idea if may es or wala....i mean kasi that more often than not pagka naka uniform madalas legit yan and hj lang max na mapapagawa mo....pag naka civilian, galing sa labas yan and malamang all the way es.

Could not recall .. but less than P500 bucks for one hour. No ES ... well I guess you won't have the HOTS for a mama san

i'm planning to buy mcdo and GMA7 IPO's... the problem is how can i get a hold of them? sabi kasi nila it would be hard to get shares with these potential blue chips on their initial offerings since a lot of people would also be looking to buy them.

I believe for every IPO, there is what they call the allocation for the small investors. YOu can avail through this option but can get only the up to P20K worth or the determined SIP share allocation. From the past IPO it is usually through BPI or BDO.

any feedback on Nokia 6151 as well as the motorolla v6 maxx. Also any motorolla users here could tell me whether the standard package would include music earphones and sd cards

I have seen no one mention the HTC Hermes/TyTN. I think it might also be sold as the O2 O2 XDA Trion. Anybody got any experience with this phone? I've been enjoying its predecessor, the HTC Wizard, for a year or so but it is beat all to hell and I'm thinking of upgrading.

 

http://i160.photobucket.com/albums/t162/senyor_maginoo/mtc/prev_HTC_TyTN_2_large.jpg

I believe this is being sold or is branded as DOPOD here ... although the same phone is being marketed as other brands. My boss has one and ok naman feedback from him. His previous phone was a trea 650. he's really into the pda phone thing.

Marco Polo Davao surely has massage but dont know if there is ES ... been there with my boss. He did avail of the room massage service thinking may ES. Medyo curious ako sa quality so inabanagan k tlaga ung attendant na pupunta sa room nya without him knowing. To my surprise, medyo matrona ang MP na umakyat. The next morning I was teasing him ... sabi ko kamusta ung nakuha mo. He answered "magaling mag massage" ...then gave him my naughty smile saying "Oo nga, nakita ko nga na Hot Mama ang pumasok"

If you go Nokia, just make sure your firmware is up to date, people who use the S60 series phones often complain of their phones slowing down.

what firmware should it be? Others recommend SMS Accelerator ... to speed it up

Am trying to decide buying a new fone ... what would you suggest?

N70 music ed

n73 music ed

SEk800i

personally I think the features of n73 me tops them all but am worried about feedbacks that the joysticks easily broke. I do prefer a music fone with good sound quality.