HomeIndicated in a contract that there must be a 2month prior notice before resigning. Is it valid even if an employee is only a newly hired employee who has little or nothing for turnover?
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period of turnover
4 posters
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2 Re: period of turnover Wed Jun 23, 2010 7:53 pm
southern star
Arresto Menor
rich wrote:Indicated in a contract that there must be a 2month prior notice before resigning. Is it valid even if an employee is only a newly hired employee who has little or nothing for turnover?
the contracting parties may agree on any stipulations, conditions, terms and clauses as they may deem convenient provided it is not contrary to law, morals and good customs or prejudicial to the rights of 3rd persons.
i don't see anything illegal/unlawful out of such agreement. :star:
3 Early Resignation Wed Jun 23, 2010 8:04 pm
rich
Arresto Menor
If I would resign after a month of employment, what do my employer has against me? Am I liable for damages because of this? Thank you.
4 Early Resignation Wed Jun 23, 2010 8:10 pm
rich
Arresto Menor
If I would resign after a month of employment, what do my employer has against me? Am I liable for damages because of this? Thank you.
5 Re: period of turnover Thu Jun 24, 2010 10:37 am
southern star
Arresto Menor
if at the time you signed the contract, you were fully aware of the consequences of the agreement and you affixed your signature voluntarily, then the company can sue you for damages on the basis of that contract. 
6 Re: period of turnover Thu Jun 24, 2010 1:09 pm
attyLLL
moderator
you can argue that the provision is void because it goes beyond what is required by law, particularly if the contract was wholly prepared by the company
ART. 285. Termination by employee. - (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
7 Re: period of turnover Fri Jun 25, 2010 4:01 pm
admiral thrawn
moderator
Not only that...the Constitution bars involuntary servitude..
Sa dami ng naghahanap ng trabaho...one month is enough for your employer to find a replacement.
Sa dami ng naghahanap ng trabaho...one month is enough for your employer to find a replacement.
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