legal Free Legal Advice

[webmaster_ph]

Ah ok. Ini-scan ko ang earlier posts mo and I saw ur problem with your company.

 

First off, you have the right to dis-associate from any company, group or association which you don't like to continue being with. This is what we call freedom of association. If they don't want to receive your resignation, send it thru registered mail. They will have no cjhoice but to receive it. Just remember na if you resign, you will no longer be entitled to any benefits pertaining toemployment like separation pay, etc. If they contact you and tell you that your resignation is not allowed under your employment contract, tell them to go to h-ll. That provision is null and void for being "contra bonus mores" (against public policy, standards and morals).

 

Don't be afraid sa sinasabi nilang sasampahan ka ng kaso for breach of contract. That's plain and simple idiotic. No lawyer in his right mind will file a Court case against an employee who resigned and doesn't want to be with a company he despise.

 

Relax kid. You're perfectly and legally safe.

 

Lawyer here.

 

@jojoendejr: a follow-up to fryxxter's case. an employee resigns and goes awol w/o the 30-day notice period. can they pursue him for this? the basis is the employer doesn't acknowledge the resignation rather declare him as terminated. what defines resignation?

[hmmidontknow]

@jojoendejr: a follow-up to fryxxter's case. an employee resigns and goes awol w/o the 30-day notice period. can they pursue him for this? the basis is the employer doesn't acknowledge the resignation rather declare him as terminated. what defines resignation?

 

just to clarrify sir i decided to take awol after 30 days i first attemp to give my resignation letter...

but the problem is they didnt take it... rather they just gave me advice to think about it first...

[webmaster_ph]

@fryxxter: noted. just something hypothetical and besides the definition of "resignation" is unclear to me.

[hmmidontknow]

@fryxxter: noted. just something hypothetical and besides the definition of "resignation" is unclear to me.

 

i see... thats a good question sir

[hmmidontknow]

@fryxxter: noted. just something hypothetical and besides the definition of "resignation" is unclear to me.

 

i think resignation has something to do with the :

act of quitting a position;

letter stating that one quits a position;

relinquishment

 

but i think your company should acknowledge it...

[webmaster_ph]

@jojoendejr or any lawyer watching this thread: a follow-up to fryxxter's case. an employee resigns and goes awol w/o the 30-day notice period. can they pursue him for this? the basis is the employer doesn't acknowledge the resignation rather declare him as terminated. what defines resignation?

[Borismo]

@jojoendejr or any lawyer watching this thread: a follow-up to fryxxter's case. an employee resigns and goes awol w/o the 30-day notice period. can they pursue him for this? the basis is the employer doesn't acknowledge the resignation rather declare him as terminated. what defines resignation?

 

 

1. resignation is the voluntary severance by the employee of his employment. The operative term here is voluntariness.

 

1. Whether a employee is actually resigned or was terminated is a question of fact. Did he his file resignation letter before he was served any notice of termination by the employer? If there was no letter of termination, then the voluntary cessation of the employment by the employee -- his resignation -- is cause of severance.

 

2. A 30 day notice is a protection afforded by the law to the employer to shield it from damage resulting from resignation of his employee. If an employee goes on awol upon serving his resignation, he may be held liable for whatever damage the employer may have suffered as a result of the sudden or abrupt disappearance of the employee. They may file a case against him. Worse, they may find a way to hold his last salary or any monies due the employee.

[hmmidontknow]

1. resignation is the voluntary severance by the employee of his employment. The operative term here is voluntariness.

 

1. Whether a employee is actually resigned or was terminated is a question of fact. Did he his file resignation letter before he was served any notice of termination by the employer? If there was no letter of termination, then the voluntary cessation of the employment by the employee -- his resignation -- is cause of severance.

 

2. A 30 day notice is a protection afforded by the law to the employer to shield it from damage resulting from resignation of his employee. If an employee goes on awol upon serving his resignation, he may be held liable for whatever damage the employer may have suffered as a result of the sudden or abrupt disappearance of the employee. They may file a case against him. Worse, they may find a way to hold his last salary or any monies due the employee.

 

 

this seem logical...

what kind of case can they file against the employee...?? and what is the worst thing that might happen aside from holding the last salary?? is this subject to criminal offense or something that can damage the record of employee in the future like NBI and Police certificate and related documents..?? thanks a lot sir

[webmaster_ph]

the question remains:

 

what sort of damages can they charge you with?

 

assuming they have proof of this; chances are they'll make up something.

[saracrew]

thanks for your replies.

 

here is the complete story...

 

i've been on sick leave for quite some time because of medical reasons before i expressed my intention of resigning. when i went back to the office, (september24) i told my team leader that i can't work anymore and gave him my resignation letter. what he told me was to secure a medical certificate stating whether i am or am not fit to work.

 

i went to the doctor by september 26 who provided me the medical certificate stating that i'm not fit to work for at least a month from that day. then by september 27 i gave my managers for operations that certificate. what they told me was that they will be recommending that my resignation be immediate and that they will contact me thru my team leader for any other concern.

 

oct 3, i received a letter dated oct 4 that i was asked to explain why i've been on a No Call No Show (otherwise AWOL) since september 28 onwards. they asked me to call the numbers they provided w/in 24 hours or they will terminate me. i phoned the company oct 3, and then oct 4 to explain my side. the HR said that the reason i got that letter is that our AVP for operations didn't approved my resignation and asked that i serve the 30 days notice period. the contact person from HR then told me that i won't get terminated for explaining my side.

 

yesterday morning, i sent them a written response thru LBC and told them that i would serve the 30days notice if i could, but i couldn't. i also specified in my letter that the medical certificate should be enough for them not to ask me to go back to work for a month more.

 

this morning, i received a letter from them again dated oct 5 which says that i am terminated effective oct 4 for not providing satisfactory explanation for my absences.

 

what shall i do? do i have to file a case against them for ileegal dismissal or wait till i personally get to talk to them? it bugs me a lot because i can't talk to any of the bosses for the reason that today's their day-off till tomorrow. it makes me so stressed more that i'm afraid in no time i'd be rushed to the hospital because of what has been happening.

[rocco69]

i don't see what your problem is. whether you resigned or you were terminated, the end result is the same — you're now separated from your old employer and can now work elsewhere. Baka nga lang di ka makakuha ng magandang reference from your old employer or they might badmouth you if your prospective new employer checks with them regarding your tenure with your former company (this can, however, be alleviated if you already disclose the story to your new prospective employer so they can already expect this sourgraping from your old employer).

 

Note that if you resign, you are not entitled to any separation pay from your former employer. Likewise, you will also not be entitled to separation pay if you are terminated for cause - kaya ganun pa rin ang bagsak.

 

Ba't ka pa magkakaso ng illegal dismissal eh nakuha mo na ang gusto mo, ang mapahiwalay sa lumang kumpanya mo. Sakit lang sa ulo at gastos sa bulsa ang magkaso, kukuha ka ng abugado etc., pupunta punta ka pa sa Labor. All's well that ends well.

 

thanks for your replies.

 

here is the complete story...

 

i've been on sick leave for quite some time because of medical reasons before i expressed my intention of resigning. when i went back to the office, (september24) i told my team leader that i can't work anymore and gave him my resignation letter. what he told me was to secure a medical certificate stating whether i am or am not fit to work.

 

i went to the doctor by september 26 who provided me the medical certificate stating that i'm not fit to work for at least a month from that day. then by september 27 i gave my managers for operations that certificate. what they told me was that they will be recommending that my resignation be immediate and that they will contact me thru my team leader for any other concern.

 

oct 3, i received a letter dated oct 4 that i was asked to explain why i've been on a No Call No Show (otherwise AWOL) since september 28 onwards. they asked me to call the numbers they provided w/in 24 hours or they will terminate me. i phoned the company oct 3, and then oct 4 to explain my side. the HR said that the reason i got that letter is that our AVP for operations didn't approved my resignation and asked that i serve the 30 days notice period. the contact person from HR then told me that i won't get terminated for explaining my side.

 

yesterday morning, i sent them a written response thru LBC and told them that i would serve the 30days notice if i could, but i couldn't. i also specified in my letter that the medical certificate should be enough for them not to ask me to go back to work for a month more.

 

this morning, i received a letter from them again dated oct 5 which says that i am terminated effective oct 4 for not providing satisfactory explanation for my absences.

 

what shall i do? do i have to file a case against them for ileegal dismissal or wait till i personally get to talk to them? it bugs me a lot because i can't talk to any of the bosses for the reason that today's their day-off till tomorrow. it makes me so stressed more that i'm afraid in no time i'd be rushed to the hospital because of what has been happening.

[webmaster_ph]

this seem logical...

what kind of case can they file against the employee...?? and what is the worst thing that might happen aside from holding the last salary?? is this subject to criminal offense or something that can damage the record of employee in the future like NBI and Police certificate and related documents..?? thanks a lot sir

 

any word on this?

[redax]

Ah ok. Ini-scan ko ang earlier posts mo and I saw ur problem with your company.

 

First off, you have the right to dis-associate from any company, group or association which you don't like to continue being with. This is what we call freedom of association. If they don't want to receive your resignation, send it thru registered mail. They will have no cjhoice but to receive it. Just remember na if you resign, you will no longer be entitled to any benefits pertaining toemployment like separation pay, etc. If they contact you and tell you that your resignation is not allowed under your employment contract, tell them to go to h-ll. That provision is null and void for being "contra bonus mores" (against public policy, standards and morals).

 

Don't be afraid sa sinasabi nilang sasampahan ka ng kaso for breach of contract. That's plain and simple idiotic. No lawyer in his right mind will file a Court case against an employee who resigned and doesn't want to be with a company he despise.

 

Relax kid. You're perfectly and legally safe.

 

Lawyer here.

Is a minimum period in a contract of employment not a valid provision? If an employer provides training, education or out of country training to an employee, it would incur costs. Would it not be reasonable for it to require a minimum employment period with a provision for reimbursement if the employee decides to resign? I mean, you hear about PBA players having a number of years contract, is this binding only to the employer and the player could quit anytime because he despises the team he's playing for? For all intents and purposes, resignation would still amount to the violation of the period of employment agreed upon.

Edited October 7, 2007 by redax

[webmaster_ph]

a good argument.

 

when is "breach of contract" null & void given the circumstances above?

[hmmidontknow]

good lawyer pls give your argument on this thread thanks a lot

 

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