Resignation and Leave Prior to Resignation

blei3917 wrote:
2. Bawal ba akong magleave kahit entitled ako and sinunod ko naman ang 1 week notice? Wala naman ako nakita sa labor code na once nagtender ng resignation, kailangan mo pumasok until effectivity and bawal magleave.

blei3917 wrote:4. I notified them that I will be on leave. What are the consequences na hindi na ako pumasok dun sa mga dates na sinabi ko na magleave ako?

blei3917 wrote:5. Would it be better if I file terminal leave without pay instead?

blei3917 wrote:6. Ano ang consequences ng AWOL?

blei3917 wrote:7. Pwede din ba nila hindi ibigay yung hinold nilang salary ko since I tendered my resignation?

blei3917 wrote:8. Napirmahan na yng RL ko pero hindi ko na papasukan yung last 10 days. MEron ba and ano mahahabol ng company sakin?

council wrote:

blei3917 wrote:
2. Bawal ba akong magleave kahit entitled ako and sinunod ko naman ang 1 week notice? Wala naman ako nakita sa labor code na once nagtender ng resignation, kailangan mo pumasok until effectivity and bawal magleave.

Generally hindi pinapayagan ang terminal leave or any leave during the last days of work, for turnover purposes, etc.

And the employers usually say that if you have to complete 30 days at work, if you are not present in those 30 days then it could be interpreted that you were not complying with it.

blei3917 wrote:4. I notified them that I will be on leave. What are the consequences na hindi na ako pumasok dun sa mga dates na sinabi ko na magleave ako?

While you are entitled to take your leaves since they have been earned, any usage is still subject to approval of management. As an example, if you and every employee would insist on using your leaves at the same time, it would impact negatively on the productivity of the company.

blei3917 wrote:5. Would it be better if I file terminal leave without pay instead?

Does your company have policy on terminal leave?

blei3917 wrote:6. Ano ang consequences ng AWOL?

Eventually, termination.

blei3917 wrote:7. Pwede din ba nila hindi ibigay yung hinold nilang salary ko since I tendered my resignation?

They are required to give you all amounts you have earned and are entitled to.

blei3917 wrote:8. Napirmahan na yng RL ko pero hindi ko na papasukan yung last 10 days. MEron ba and ano mahahabol ng company sakin?

What's RL?

Meron man o walang habol ang company, they can make things difficult for you.

blei3917 wrote:

Thanks for the reply. RL is for resignation letter.

So if I will be absent for 10 days that would be considered AWOL right? And as you said termination and consequence. If AWOL ba, is that a reason para hindi ibigay yung hinold nilang salary ko and other benefits?

blei3917 wrote:Another question:

"Art. 285. Termination by employee.
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."

Liable for damages meaning I have to pay them a certain amount of money right? Yung court ba or yung company ang magdedetermine ng damages?

blei3917 wrote:Lastly,

"An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;"

Does the law clearly provide what is inhuman and unbearable treatment? Can I apply this since let's say I can't bear yung pag-ipit na ginagawa ng company and yung unfair application ng policies? Sinabi pa sakin na if si XXX ang aalis agad-agad papayagan namin yan pero ikaw hindi.

Thanks again for the reply.

council wrote:

blei3917 wrote:

blei3917 wrote:Another question:

"Art. 285. Termination by employee.
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."

Liable for damages meaning I have to pay them a certain amount of money right? Yung court ba or yung company ang magdedetermine ng damages?

The amount may be determined by the courts.

blei3917 wrote:Lastly,

"An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;"

Does the law clearly provide what is inhuman and unbearable treatment? Can I apply this since let's say I can't bear yung pag-ipit na ginagawa ng company and yung unfair application ng policies? Sinabi pa sakin na if si XXX ang aalis agad-agad papayagan namin yan pero ikaw hindi.

Thanks again for the reply.

No this might not apply.

They have the right to decide who may be allowed to leave earlier vs those who are required to stay because of the work involved.

With regard to being liable for damages, how will I go about this? Do I inform the company through letter that I would resign immediately and be responsible for damages as determined by the courts. I read somewhere kasi na for the company claim damages, dadaan daw sa court. Tama ba yun?

Dun naman sa last question ko, same lang kami ng team and position ni XXX. It's just that mas okay performance ko and mas nakakabenta ako kaya they can't let me go. I think it's unfair.