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given the notice for resignation but still received a notice for termination??

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takte


Arresto Menor

hi atty,im one of the victims for illegal dismissal instead of being resigned.or correct me if im wrong once you've red my story.its quite long but pls i badly need ur advice immediately cos i will have my hearing with the company tomorrow.
i am a bpo employee.i tried to passed my resignation to my employer last apr.1st cos of the reason that no one will take care of my 2yr old son.in that case i decided to resign immediately instead of being terminated cos i've had a lot of absences for the past month,regarding on same reason.
but when i passed my resignation that time,my manager took hold on that one cos they want to give me a chance still and continue my service to them as an agent.i appreciated and accepted it again but after a day i need to be absent again w/ the same reason so i decided to pursue my resignation instead of being termed this time.i just sent a text message to my supervisor for i dont have a way or chance to go to the office cos i have my baby with me.but given the notice for my resignation to my supervisor was ignored and last apr.19 i just received 2 letters at a time;return to work notice and notice of termination.dated april 1st and and 8th.theres a note outside of the envelope that these were missent to a diff. place..w/c doesnt matter cos even if i received them i still wont be able to go to the office that time.,given the chance this 19th,i went to the office and cleared everything that thay could not terminate me cos i alreday given the notice that i'll be resigning its just that i wasnt able to pass the hardcopy of my resignation letter cos i dont have chanceor way to go to the office that time.and they're not allowing me to sent it thru email for the meantime.thay scheduled me for hearing tom.
do i have something to fight for since i dont want to be terminated and leave my cmpany that ive been for 2 and half yrs w/ that kind of impression?
tnx for reading ang ill be waiting for your advice and comments.
thank you.

Drummer Boy


Arresto Menor

During said conference,explain to them that it is your intention that you be separated from your present employment and that you want it thru resignation and not termination. Anyway, in resignation the employer is not obliged to give separation pay to the resigning employee so why not accept your resignation,just my opinion.

joycejimibayrante

joycejimibayrante
Arresto Mayor

I would say that your initial submission of resignation letter was unofficial. Even if you tender your resignation letter and/or inform your manager about it, you still need to get a signature on the resignation letter on the approved effective date. Hence, when they talked to you about disregarding the resignation letter, which based from your story, you agreed too, they issued you 2 RTWs for your being absent because it was considered as abondonment of post.SEARCH FO LABOR CODE OF THE PHILS for ABONDONMENT. Mahihirapan ka idefend yan sa labor kung wala ka official date and resignation letter to prove na resigned ka na at approved ng manager mo.

I suggest, follow the due processes since me RTW ka na for abondonment due to absences. Submit a letter of explanation, attend the admin hearing and wait for their decision. If they decided to terminate you for all bases considered, then abondonment is a terminable offense. MAhihirapan ka maidefend ang illegal dismissal kapag ganyan.

Kapag naterminate ka, then dapat me separation pay yan.

Kung di ka naman mateterminate ng employer mo since matatanggap nila reasons mo like for your child, then you can resign na, pero wala ka nang separation pay nyan. Meaning, di mababayaran ang 2 yrs na tenure mo.



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