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Hi Admin!
I have tendered my resignation to my employer with the reason being I need to take care of my mother (strickened with cancer) and sought to get shorter days of notice period (initially it was immediate but after reading the labor code 30 days is required). Now the HR says I need to render a 60 days notice period since it is stated in the employment contract. After reading some more, 30 days is the minimum period required by DOLE and this can be extended only if both employee-employer agrees and this means my employment contract (which is what I have signed)
HR also says I can only do shorter days if and only if my manager agrees. My manager says I need to get the medical records of my mother.
My worries is that medical records are considered confidential and only she or her guardian (or beneficiaries(?)) are allowed to have access to them unless permitted by my mother herself
My questions are:
1. Can I still file a case against my current company for having a 60 day notice period?
2. Is the company allowed to get access/seek for my mother's records?
3. If my mother does not agree to release her medical records, am I required to render 60 days?
and finally, how can I use the below in my case?
However, the employee does not need to comply with the 30-day notice rule in the following situations:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
Other causes analogous to any of the foregoing
i.e. according to the labor code, it is required that after 8 hours work for 6 days a 24 hour consecutive rest is required but in my case I am getting worked 6 days a week with only one day off
I have tendered my resignation to my employer with the reason being I need to take care of my mother (strickened with cancer) and sought to get shorter days of notice period (initially it was immediate but after reading the labor code 30 days is required). Now the HR says I need to render a 60 days notice period since it is stated in the employment contract. After reading some more, 30 days is the minimum period required by DOLE and this can be extended only if both employee-employer agrees and this means my employment contract (which is what I have signed)
HR also says I can only do shorter days if and only if my manager agrees. My manager says I need to get the medical records of my mother.
My worries is that medical records are considered confidential and only she or her guardian (or beneficiaries(?)) are allowed to have access to them unless permitted by my mother herself
My questions are:
1. Can I still file a case against my current company for having a 60 day notice period?
2. Is the company allowed to get access/seek for my mother's records?
3. If my mother does not agree to release her medical records, am I required to render 60 days?
and finally, how can I use the below in my case?
However, the employee does not need to comply with the 30-day notice rule in the following situations:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
Other causes analogous to any of the foregoing
i.e. according to the labor code, it is required that after 8 hours work for 6 days a 24 hour consecutive rest is required but in my case I am getting worked 6 days a week with only one day off
