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AWOL due to not finishing the 30-day notice

4 posters

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alphapao


Arresto Menor

Hello. Ano po ba magiging possible consequences if I decided not to finish my 30-day notice? I have submitted my resignation, signed by my manager, informed my immediate supervisors, but our HR won't accept it because "its less than 30 days"

I decided to have a 24-day notice, instead of 30, as per my letter, because I know there won't be any turnover as I am "benched" - no project assigned.

So basically, I'll be AWOL for 5 working days (last days) if I intend to do so.

Edit 6/8: Add ko lang po. I have read and complied so far sa resignation procedure as per company manual. But the HR is doing otherwise. I mean.. I already have the resignation paper signed and acknowledged by all of my immediate supervisors and manager (only 1 manager signed it though). And as indicated in the manual, that would suffice. Pero hindi e umakyat pa sa upper management, pointing out my resignation notice is less than 30 days. Indicated also in the company manual is prerogative na ng manager to approve or not the last day. I believe may laban ako dito in case ipitin nila ako?



Last edited by alphapao on Thu Jun 08, 2017 6:20 pm; edited 1 time in total

lukekyle


Reclusion Perpetua

they can sue you for damages

Patok


Reclusion Perpetua

pwedeng di mo din makuha last pay mo.. and COE..

alphapao


Arresto Menor

Ok thanks. Its annoying that the hr won't accept my resignation even if its approved already by 2 managers and one of them signed it, and all of my immediate superiors have accepted it.

council

council
Reclusion Perpetua

Kung wala namang gagawin, why not just complete the required days?

http://www.councilviews.com

alphapao


Arresto Menor

Pinag-sstart na ako sa kabila actually. At gusto ko na din sana mag-start asap. And ayoko na din talaga.

alphapao


Arresto Menor

Add ko lang po. I have read and complied so far sa resignation procedure as per company manual. But the HR is doing otherwise. I mean.. I already have the resignation paper signed and acknowledged by all of my immediate supervisors and manager (only 1 manager signed it though). And as indicated in the manual, that would suffice. Pero hindi e umakyat pa sa upper management, pointing out my resignation notice is less than 30 days. Indicated also in the company manual is prerogative na ng manager to approve or not the last day. I believe may laban ako dito in case ipitin nila ako?

lukekyle


Reclusion Perpetua

ang problem mo, ang stated by law is 30 days. yes your employer can waive or shorten the 30 days but thats their discretion. if makikipaglaban ka sa korte, sinong kalaban mo? the employer? then pwede lang nya sabihin na hindi ka nya pinapayagan. if you wish you may sue the HR guy but i really dont know what good that will do

alphapao


Arresto Menor

So ok. I have submitted my resignation letter June 6, signed June 6. So technically, the start of my notice is June 6.

If they insist that I comply with 30-days, my last day would be July 6 right? Even if it is explicitly stated in my resignation June 30? I am planning to just attach additional letter signifying that I will comply with the required 30 days.

Would that be fine?

lukekyle


Reclusion Perpetua

yes that seems in order

alphapao


Arresto Menor

Noted. Thank you for your advise.

alphapao


Arresto Menor

Hi. Additional question po. Meron po bang part sa labor code yung tungkol sa involuntary servitude? Nabasa ko lang sa article sa philstar. Applicable po ba yun sa lahat, private man or government?

lukekyle


Reclusion Perpetua

yes hindi ka pwedeng pilitin magtrabaho anywhere. pero pwede ka i-sue for damages

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