RESIGNATION VS TERMINATION

Would it be possible for the company to terminate an employee even if he's just there to render his remaining days.

Timeline.

April 10 resignation letter was submitted signed by the management.

April 30 effective date of resignation or last day with the company

April 20, a termination letter was issued to the employee.

Is this possible and lawful?

yes still possible if there is proper basis. IMO though, not a smart move because it will breed resentment and even make them vulnerable to an nlrc case

Hi attyLLL,

Can you please explain this further?

What do you mean proper basis?

There is already a due process happened and the employee had an idea he will be terminated so he decided to submit a resignation instead.

And what do you mean when you say "it will breed resentment and even make them vulnerable to an nlrc case"

What NLRC case can be applicable for this?

On April 20, he was still an employee, so he can be terminated. Proper basis means "just cause" for termination. https://www.alburovillanueva.com/dismissal-termination-employment The NLRC case being referred to is illegal dismissal case, because if the employer did not dismiss the employee (who, by the way, is on his way out already due to his resignation), then there would be no reason to be sued for illegal dismissal. Though you said that there was due process and it is possible for the employer to win, I agree that it was not a smart move, because the employer is just opening the door to that possibility of a labor lawsuit.

Good day! Gusto ko pong itanong kung possible po ba na mapaaga ang last day ko? Ang last day po sa resignation letter ko is May 31. Pinasa ko ung formal notice April 20 with May 4 as my stated last day pero pinaextend po nila ako. More than 30 days po ang irerender ko. Hindi ko na po kinakaya yung stress kaya gusto ko po sana na paagahin ang last day ko. also yung lilipatan kong work is need na ako. Possible po ba? Thank you.

you need to render 30 days notice when resigning. 30 days start from the day the receive your resignation letter. pwede lang maaga if the company "waived" your 30 days, meaning pumayag sila na umalis ka ng walang 30 days.

olinda, you can negotiate for a shorter period with management

attyLLL, even po na May 31 ung nakalagay na last day sa formal letter ko? If so, may valid reason po ba para magrant yung shorter period?

that's for you to negotiate with management. they have to agree to it

Hi atty,

Gusto ko pong itanong kung ano po ba ang grounds para sa immediate last day? Sobrang stressed na kasi ako sa work, inefficient na ako, unhappy and i'm afraid to make more damages to the company. Gusto ko na pong umalis sa work ko. ano po bang pwedeng valid reason?

1. Serious insult by the employer or his representative on the honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

3. 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

4.Other causes analogous to any of the foregoing.

2 weeks nalang, if kaya tiisin mo na. If mag demanda yang employer dahil nag AWOL ka baka pati yung bago mong work maapektohan.

Im planning naman na magpaalam. Since im resigned already and more than 1 month ang naging rendering days ko, gusto kong ishorten at saktuhin na 1 month lang. The work even the place is stressing me too much. Im thinking kung ano ung valid reason duon.

hindi kasi valid reason ang stress