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dismissal from work

4 posters

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1dismissal from work Empty dismissal from work Tue Aug 14, 2012 4:40 pm

lmbobiles


Arresto Menor

Last July 15 I passed a resignation from my company because I was accepted for a new job abroad...Since there is a 1 month rule my last day should be on the 15th of Aug, but my flight was moved earlier so I emailed ny manager that I cant finish my last month.. after a week I received a memo from our HR asking me to answer a AWOL memo..I answered immediately and send it thru email then after 2 days I received a 2nd memo same case..I ignored it since I already send my explanation,,After a couple of days they send me a dismissal letter... Do I have a right to contest my employer so that I can get my backpay? Thanka

2dismissal from work Empty Re: dismissal from work Wed Aug 15, 2012 11:08 am

alexisbantilan


Reclusion Perpetua

Dismissal can not be imposed since you had already resigned. No due process done because you can not attend to it because you had urgent flight to work abroad.

3dismissal from work Empty Re: dismissal from work Wed Aug 15, 2012 2:46 pm

msc


Arresto Menor

Acceptance of the resignation tendered by an employee is necessary to make the resignation effective. (Shie Jie Corp. vs. National Federation of Labor, G. R. No. 153148, July 15, 2005). Perhaps, your employer has not accepted your resignation due to the following reasons:
1. You have pending work that you must finish before they will accept your resignation;
2. You have not made any property and money clearances;
3. You have not turned over your work to your replacement or collegues.

4dismissal from work Empty Re: dismissal from work Thu Aug 16, 2012 7:40 pm

attyLLL


moderator

a reading of the case and its citation shows that the issue is whether the employee actually intended to resign or if disqualified from receiving separation pay if his resignation was not expressly accepted. consequently, an employee's valid resignation cannot be made dependent on a company's consent.

however, there is indeed a 30 day notice, and failure to render it allows the company damages.

for days that you actually worked, you are clearly entitled to be paid

https://www.facebook.com/BPOEmployeeAdvocate/

5dismissal from work Empty Re: dismissal from work Thu Aug 23, 2012 10:16 pm

lmbobiles


Arresto Menor

but I already talked to my manager personally that my flight has been moved earlier and at the same time I sent an email about it but still he charged me of AWOL what can i do?

6dismissal from work Empty Re: dismissal from work Fri Aug 24, 2012 9:34 pm

attyLLL


moderator

your resigned anyway, what is your concern?

https://www.facebook.com/BPOEmployeeAdvocate/

7dismissal from work Empty Re: dismissal from work Sat Aug 25, 2012 11:04 am

alexisbantilan


Reclusion Perpetua

File small claim at DOLE, if time permit you because you said may flight ka na to abroad..same as what I did, I filed it at DOLE 4-A and mediation took place kaya nakuha ko backpay ko.

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