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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » End of Probationary Contract but Employer insists on making me render 30 days

End of Probationary Contract but Employer insists on making me render 30 days

+4
arnoldventura
attyLLL
lukekyle
MessyVirgo
8 posters

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MessyVirgo


Arresto Menor

Hi! My probationary contract ends on March 25 but my employer insists that I still render 30 days after the 25th because I told them that I would not be continuing anymore when my probationary contract ends.

I don't want to stay in the company anymore due to urgent personal concerns. Is it necessary that I still render 30 days even if my probationary contract will end? Thanks for the help if anyone answers this! I'm actually very anxious and distraught because of having to tender 30 more days within the company.

lukekyle


Reclusion Perpetua

no you do not have to render 30 days. you can leave as soon as the contract terminates

lukekyle


Reclusion Perpetua

no you do not have to render 30 days. you can leave as soon as the contract terminates, make sure however that it is a fixed date contract. meaning that it ends on the said date, not that evaluation etc is on that date

attyLLL


moderator

imo, you need to render 30 day notice because it is in the discretion of the employer whether the proby contract continue to regularization. your only way of terminating the employer-employee relationship is by resignation

https://www.facebook.com/BPOEmployeeAdvocate/

arnoldventura


Reclusion Perpetua

But if you are required to work for another 30 days and your tenure exceeds 180 day (six months), then I believe that you would be regularized by operation of law. https://www.alburovillanueva.com/types-employment-affects-security-tenure-2. Probationary employment only has a maximum of 6 months, so I believe that you should be treated accordingly in case you are regularized during your 30-day stay.

dlgsrc


Arresto Menor

Hello! Nag send ako ng resignation through email since ang mga boss ko is outside the country. Sabi ko render ako ng 2 weeks. Tapos ngayon ko lang narealize na sa contract is 60 days ang render. Required ba ako mag render since hindi sila nag reply sa email ko? Thanks.

attyLLL


moderator

if they didn't bother to reply then they can be deemed as having agreed to it.

https://www.facebook.com/BPOEmployeeAdvocate/

dlgsrc


Arresto Menor

attyLLL wrote:if they didn't bother to reply then they can be deemed as having agreed to it.

Thank you sir!

letudu


Arresto Menor

I have a similar problem po.Please help. Nagsubmit ako email and written. Yung written sinign ng HR. Yung email walang reply from the boss. Tapos kinausap nalang ako ng boss na dapat 60 days render period na nakasaad sa contract. Sino dapat masunod? Yung sinign ng HR na weeks render or yung nasa contract na 60 days na pinipilit ng boss?

Patok


Reclusion Perpetua

if you signed na kailangan 60 days, then you have to follow that.

letudu


Arresto Menor

Pero sinign naman ng HR yung 2 week resignation notice ko.

mikos23

mikos23
Reclusion Perpetua

usually pag nag sign it means they receive it. agreeing to it is a different matter. they can contest that your 60 days starts on the day the HR receive / signed the resignation letter.

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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » End of Probationary Contract but Employer insists on making me render 30 days

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