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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Notice period for Resignation

Notice period for Resignation

3 posters

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1Notice period for Resignation Empty Notice period for Resignation Tue Jul 05, 2016 9:24 am

sugarmeimei


Arresto Menor

Hi,

I need some advice on my current situation. I have plans of leaving my current employer. My problem is we have a 90-days notice period and needs to pay the months in lieu if we cut it short. We have questioned this policy before for the reason that the law allows us a for a 30-days notice period.
My question is, will I have any legal responsibility if I only render a 30-day notice? Do I have to pay the company the remaining 2 months in lieu of my salary for doing so?

Thank you.

2Notice period for Resignation Empty Re: Notice period for Resignation Tue Jul 05, 2016 10:12 am

lukekyle


Reclusion Perpetua

did you sign a contract stipulating the 90 day notice?

3Notice period for Resignation Empty Re: Notice period for Resignation Tue Jul 05, 2016 10:56 am

sugarmeimei


Arresto Menor

Yes. Below is the exact statement in my contract.

"Notice of Termination"
Either party is required to serve a ONE (1) month or day's salary in lieu of such notice during probation period. However, upon confirmation, the termination notice period for either party is Three (3) months or salary in lieu of such notice is required.

4Notice period for Resignation Empty Re: Notice period for Resignation Tue Jul 05, 2016 11:34 am

lukekyle


Reclusion Perpetua

If so indicated in the employment contract, then yes you will be liable for the month's salary if you do not render the 90 days. You can challenge this but in my opinion unless there are mitigating circumstances, you will likely lose

5Notice period for Resignation Empty Re: Notice period for Resignation Tue Jul 05, 2016 11:43 am

sugarmeimei


Arresto Menor

Thank you for the quick response. :-)

6Notice period for Resignation Empty Re: Notice period for Resignation Wed Aug 03, 2016 3:20 pm

sugarmeimei


Arresto Menor

Hi,

I have a follow up question on this post of mine. I already have rendered my resignation with a 30-day notice and advice my employer that I am willing to shoulder any financial obligation if there is any.

My manager accepted my resignation but when he informed HR regarding my case, they insisted that I can only be released 4 weeks after they got a replacement and added that it is the companies discretion for my early release.

My question is, is it lawful to state that it's companies discretion to release their employee who wanted to resign?

7Notice period for Resignation Empty Re: Notice period for Resignation Wed Aug 03, 2016 3:57 pm

council

council
Reclusion Perpetua

It's not your problem anymore if they cannot find a replacement within the time you are still employed.

You are no longer required to report (and have no further responsibility or obligation) after your last day.

http://www.councilviews.com

8Notice period for Resignation Empty Re: Notice period for Resignation Wed Aug 03, 2016 4:02 pm

sugarmeimei


Arresto Menor

Even if i did not follow the 90 days notice period of our company?

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