Resignation Questions, Need Advice

Hi,

My name is Cris, I am a newly registered member in this forum. I had only been browsing in the past but I felt the need to create/write my own topic. I hope that you can help me.

I have recently filed resignation in my current employer. In the offer letter/contract that I signed when I was hired, it stated that, in cases of resignation:

"60 days notice or salary in lieu of notice"

There were no further explation as to what this means.

Anyway, I am nicely asking our HR that I tender on 45 days notice. (I read online that the labor code only states 30 days and that the contract will be null and void for going against the labor code - how true is this?)But they are insisting on 60 days, even though I have no pending work left after the 45days (internally with my reporting supervisior - i am okay to leave after 45 days)

I am open to the last 15 days to be LWOP but HR is saying that I need to pay the company for the last 15 days and that this will be deducted from my final pay. Can they really do that? I just find it unfair that they will deduct 15 days from my salary.

What I plan to do is still finish the 45 days notice I initially requested. I will take action once I come back for my final pay, quit claim and clearance.

Also, on the day that I officially am not an employee anymore, may I request from them that I get back the original copy of my NBI clearance? This part of their requirement when I was hired. I am not sure who's property the clearance is now of. Is it theirs or remains to be mine? (the "personal copy" is with me, they have the other half)

I hope to hear from you. Thank you in advance.

The 60 days notice or salary in lieu of notice was in your contract and you signed the contract so that means you agree to that provision. You have to honor that.

Why would you want the NBI clearance back? It has a validity and you cant use it again anyways.

imo, if your position is not listed as critical by dole, you are entitled to the 30 day notice provision of the labor code, notwithstanding the contract.

I am an auditor working in an auditing firm. I am planning to resign - giving them 30 day notice, but my problem is, I'm not yet done with some of the audit clients assigned to me. Can I resign even without finishing all the clients assigned to me? Thanks

yes, it is your right to have it effective in 30 days but it's sometimes better to make sure you leave well with all jobs done