I worked in a training company for 9 months. It is a new company who just turned one year and a subsidiary of a big company. I was productive and even the Head HR of the mother company noticed that and in fact would like to take me in their organization but my manager refused.
One day my manager talked to me and told me that she's giving me only 3 months then she will let me go because I was not hitting the monthly quota (although I was able to increase the sales of the company by 300%, I was given a 4 million quota a month for a training program. Which is not realistic) and she constantly repeated this to me. So I decided to file my resignation June 29 effective June 30, 2012 and sent it thru email.
(I did not tender a 30-day notice due to these reasons, An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;)
The next day I received a text message from our Administrator/HR, that they have received my resignation and it is approved already by our Manager and requested me to go to the office for proper turnover for clearance and for my certificate of employment.
I went to the office and handover things properly which was signed by the person-in-charge.
After that I requested for a certificate of employment. They always give false dates as to when I can get my certificate of employment. It's been almost two months now and I am applying for an overseas job and still have not received my coe despite my constant follow up.
I received a text message from the Administrator/HR that our Manager refuse to sign my COE because I did not file my resignation properly.
This was not the first instance that an employee of that company resigned the same way I did but they were issued a certificate of employment even if they have worked only for 4 months.
Is it Legal and Fair for my manager to deny me a Certificate of Employment? What are my options? Since I am applying for a work abroad and this is one of the requirements which I need to submit. Was my understanding for not tendering a 30-day notice correct?
Thank you very much and hope you can help me.
****An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
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
Other causes analogous to any of the foregoing.****