Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » PROJECT/CONTRACT-BASED BUT CAN I RESIGN?

PROJECT/CONTRACT-BASED BUT CAN I RESIGN?

5 posters

Go down  Message [Page 1 of 1]

1PROJECT/CONTRACT-BASED BUT CAN I RESIGN? Empty PROJECT/CONTRACT-BASED BUT CAN I RESIGN? Thu Apr 28, 2016 8:33 am

ajtee


Arresto Menor

I have a 4-month contract with this company. However, I want to resign before it ends since I am unhappy with the work. There is no clause regarding me terminating the contract (only them terminating the contract). There's no clause saying I must complete the 4 months. In this case, can I end it or am I obliged to finish the 4 months? Also is there any mandatory rule that I still render 30-days notice? There is no employer-employee relationship.

lukekyle


Reclusion Perpetua

they can still sue you for breach of contract. damages would be harder to prove though since nothing was stipulated in your contract

HrDude


Reclusion Perpetua

ajtee wrote:I have a 4-month contract with this company. However, I want to resign before it ends since I am unhappy with the work. There is no clause regarding me terminating the contract (only them terminating the contract). There's no clause saying I must complete the 4 months. In this case, can I end it or am I obliged to finish the 4 months? Also is there any mandatory rule that I still render 30-days notice? There is no employer-employee relationship.

1. Yes, you can resign even prior to the end of the period of the contract.
2. No, there is no mandatory rule that you render a 30-day notice. The 30-day period is not mandatory and this is only a suggestion as this may be lengthened and/or shortened.
3. What made you think there is no employer-employee relationship between you and your employer? Who controls your work? Who pays your salary?

council

council
Reclusion Perpetua

ajtee wrote:I have a 4-month contract with this company. However, I want to resign before it ends since I am unhappy with the work. There is no clause regarding me terminating the contract (only them terminating the contract). There's no clause saying I must complete the 4 months. In this case, can I end it or am I obliged to finish the 4 months? Also is there any mandatory rule that I still render 30-days notice? There is no employer-employee relationship.

The mandatory rule for the 30-day notice is in the Labor Code.

http://www.councilviews.com

HrDude


Reclusion Perpetua

It is no longer mandatory if it can be extended or shortened. The words 'at least 30-days' connotes that the period can be modified, extended, shortened or not followed. Hence, the period is no longer mandatory but merely a suggestion. Be reminded that even the Labor Code has recommended exceptions to the rule that the period can be dispensed with and that immediate resignation is be allowed. As such, the rule on the '30-day period' is not absolute.

HrDude


Reclusion Perpetua

It is no longer mandatory if it can be extended or shortened. The words 'at least 30-days' connotes that the period can be modified, extended, shortened or not followed. Hence, the period is no longer mandatory but merely a suggestion. Be reminded that even the Labor Code has recommended exceptions to the rule that the period can be dispensed with and that immediate resignation is be allowed. As such, the rule on the '30-day period' is not absolute.

council

council
Reclusion Perpetua

If the contract is silent then the 30-day notice period kicks in.

While it's true that it can be modified - it's all subject to the approval of management.

So unless all these "agreements" are met, the "basic" 30 days are enforceable.

http://www.councilviews.com

Azia27


Arresto Menor

can anyone tell where or what exact section in the labor code stating about 30 day notice?
thanks

council

council
Reclusion Perpetua

Azia27 wrote:can anyone tell where or what exact section in the labor code stating about 30 day notice?
thanks

ART. 285. Termination by employee. - (a) 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.

http://www.councilviews.com

Sponsored content



Back to top  Message [Page 1 of 1]

Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » PROJECT/CONTRACT-BASED BUT CAN I RESIGN?

Permissions in this forum:
You cannot reply to topics in this forum