Resignation/Termination

Hi Attorney, 
 
Good day.
 
Need lang po ng advice about resignation.
 
I submitted a resignation letter po dated November 29, 2013. Stated in my letter na December 29, 2013 ang date of affectivity  since we are required to have a 30 day turn over period. 
 
After that po nag reply po  ang boss ko saakin thru letter
 
Here’s what’s written in the letter presented to me:
 
 
Your resignation from your position has been accepted, effective on December 30, 2013 as requested. However during turnover period, you are reminded that it is important that you are present and willing to work.
 
This letter is to notify you that during this thirty (30) day turnover, you are reminded to avoid any lates or absences. If you incur three (3) lates or one (1) absence (regardless whether informed or uninformed), the company will end your service immediately. Moreover, failure to comply with the above-mentioned notice, your company bond will be forfeited to cover for the damage and/or penalties suffered by the company.
 
Question po:

1. Is it legal to terminate or end my service immediately kahit na nag submit na ako ng resignation letter, if may late or absence ako during the 30 day turnover period? (Hindi po ito stated sa contract na pinirmahan ko)
   

 

1. Yung bond po amounting to 2 thousand pesos, kinaltas po ito sa salary ko during my first month.  Dapat po bang hndi nila ibigay ito saakin since pinag trabahuhan ko nmn poi to?
   

Sana po mabigyan nyo po ako ng advice.

1. No. due process must be followed. Even if it is not stated, the order is reasonable and work related. Non-compliance may be construed as insubordination

2. why do you have bond? were you able to undergo training?

PS. just don't be absent or late so that you wouldn't have a problem

That practice is unfair practices by the employer. Still the employment status untill Dec. 29, 2013 is active and therefore will follow the existing rules and regulations which was implemented during day 1 of employment till Dec. 29, 2013. Boom 101 you are being singled out in my opinion. Just render 30days and if you have emergencies just follow same procedures on filing leaves of absences, notifications to your immediate superior.

hi..ask ko lng po kung anu gagawin kung ma-terminate man ako sa case na neglect of customer which i ma innocence

alexisbantilan wrote:That practice is unfair practices by the employer. Still the employment status untill Dec. 29, 2013 is active and therefore will follow the existing rules and regulations which was implemented during day 1 of employment till Dec. 29, 2013. Boom 101 you are being singled out in my opinion. Just render 30days and if you have emergencies just follow same procedures on filing leaves of absences, notifications to your immediate superior.

@alexisbantilan, terminated na po ako today since i have incurred 3 tardiness. I will not be allowed to complete the 30 day turn over. Our pay date is on  December 20th and the 13th month will be given as well on this date.

Question po:
1. Sabi po nila after 1 month pa daw ibbgay ung supposed 13th month and salary ko for this cut off, pay date 20th december..i have to wait for a month pa daw po. Legal po ba itO?

What is the ground for terminations?

I think 30days waiting for final pay is just ok.

alexisbantilan wrote:What is the ground for terminations?

I think 30days waiting for final pay is just ok.

per the my boss response on my resignation, 3 lates or 1 absence is automatically terminated. It was my 3rd late on Monday, December 16. So they asked me not to come to work the next day. Hindi ko na po natapos ung 30 days since terminated n po ako/

Boom101,

So check your handbook if 3 lates and 1 absence is punishable by termination.
If not, file illegal dismissal, palamanan mo na din ng over discretion of power.

OK?

masyadong mabigat yang 3 lates or 1 absent eh terminated.. malaki ang laban mo dyan.. may mga nakita na akong ganyan almost always panalo yung empleyado.. kailangan ma establish mo na habitual na yang absences/lates bago ka pwede mag terminate with due process.. kahit nga habitual na eh pinapaboran pa din nang labor ang employee.. at masyadong mababaw na cause yang lates/tardiness.