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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Hold employee after resignation?

Hold employee after resignation?

+2
CharlesI.
Kael12
6 posters

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1Hold employee after resignation? Empty Hold employee after resignation? Fri Aug 23, 2013 12:42 pm

Kael12


Arresto Menor

i handed my resignation letter & approve july 22,2013 & the following the 30 day period my last day should've been august 22...
after the approval of my resignation my employer said i should extend until they found my replacement...
i am willing to extend but only up to the end of the month...
CAN MY EMPLOYER HOLD ME EVEN AFTER RESIGNATION?? HELP ME PLZ...

2Hold employee after resignation? Empty Re: Hold employee after resignation? Fri Aug 23, 2013 2:02 pm

CharlesI.


Arresto Menor

Based on the labor code 30 days notice only is required.
It's up to you wether you can adjust based on the request of your company. If you can only extend up to the end of the month, talk to your company that you can extend up to the end of the month and no more extension. They cannot hold you since you followed the labor law.

3Hold employee after resignation? Empty Re: Hold employee after resignation? Fri Aug 23, 2013 2:15 pm

Atty.Melki


Arresto Mayor

No. The employer had 30 days after notice to look for your replacement. After the lapse of 30 days you MAY stay but that should be voluntary.

http://www.jimenolaw.com.ph/mlm.html

4Hold employee after resignation? Empty Re: Hold employee after resignation? Wed Aug 28, 2013 10:22 am

Kael12


Arresto Menor

i signed a 2-year contract with my employer and it's been only 10 months...
can they still hold me even if i resigned?
i fear i might pay a penalty for not completing the contract...

5Hold employee after resignation? Empty Re: Hold employee after resignation? Wed Aug 28, 2013 10:38 am

CharlesI.


Arresto Menor

check your contract what penalties stated their. you have to take the consequences for what ever penalties imposed at your contract since you are binded with them for two years.

But i do suggest to talk to your employer for your plan of separation and not complying for 2 years contract. it still better to have settlement with them to avoid any legal action of your employer against you.

6Hold employee after resignation? Empty Re: Hold employee after resignation? Wed Aug 28, 2013 11:33 am

Kael12


Arresto Menor

there were some employees of the company who have resigned without even finishing their contract and none of them had problems with their resignation... so why are they doing this to me?
my employer already approved my resignation and if they had problems they shouldn't have approve it in the first place, right?

7Hold employee after resignation? Empty Re: Hold employee after resignation? Wed Aug 28, 2013 11:46 am

CharlesI.


Arresto Menor

you signed the contract with all your knowledge. once you signed it you are bind with them.
none compliance with the contract your employer has the right to do actions. Make a settlement with them in a nice way for you to avoid any problems that's the right thing to do for now, yan suggestion ko lang po sayo.

8Hold employee after resignation? Empty Re: Hold employee after resignation? Sat Aug 31, 2013 11:05 am

Kael12


Arresto Menor

i read some posts that i can resign within contract period...
i gave my resignation... they approved of it... i complied with the 30-day period... i volunteered to extend coz the company asked and now i want to get out of the company coz i feel that i might even reach up to 2 months when i extend... it's frustrating...
i waited for 30 days... i extended for a few days...
can't i just go AWOL?

9Hold employee after resignation? Empty Re: Hold employee after resignation? Mon Sep 02, 2013 12:11 pm

Patok


Reclusion Perpetua

you already gave 30 days notice.. your resignation was approved.. they can't hold you anymore..

10Hold employee after resignation? Empty Re: Hold employee after resignation? Mon Sep 09, 2013 10:57 pm

whiteflag


Arresto Menor

help me please..pwede po ba ako i-hold ng boss ko dahil sa mga collections ko with my clients? sales po kasi ako. nagfile ako ng letter more than 30 days notice for a smooth transition...tinanggap po nya at with verbal approval nya...now pinarereport pa ako after a week since my letter due date..may habol ba sila sakin? salamat.



Last edited by whiteflag on Mon Sep 09, 2013 11:02 pm; edited 1 time in total (Reason for editing : incomplete)

11Hold employee after resignation? Empty Re: Hold employee after resignation? Tue Aug 26, 2014 4:53 pm

Hailla


Arresto Menor

I gave my employer a two week notice and he approved it which is why I informed my next employer about the date of my availability. Im schedule to sign the contract next week. Now, my current employer wants me to extend for a another week, but I can't do that because I feel it will jeopardize my employment to my next employer.




Will there be any grave repercussions if I refuse to extend my employment in my current company? What's the worst thing that could happen?

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