immediate resignation

Goodevening. May asawa po ako na OFW sa Malaysia. 3yrs po dapat ang contract nya dun pero dahil sa sobrang payat na nya at nahirapan sya makaadopt ng lifestyle, food etc sa Malaysia, plan sana nya na magresign nlang this month. Kaka 1 year lang po nya.

Question ko po - tama po ba na kapag nagresign, wala syang makukuha? 13th month and salary?

Aware po kami na kapag hindi natapos ang contract, magbabayad kami ng penalty ampunting to 10,000 ringgit at willing naman po kami magbayad kung talagang ganun kaya lang po syempre un ipinasok ng asawa ko sa trabaho pati ang 13th month mahirap po tanggapin sa loob na hindi na nya makukuha kung sakali. Pls enlighten us. Ang cutoff po pala ng payroll nila 1month din. Example payroll oct 1-31, sa nov30 pa nila makukuha so kung nov1-30 dpat dec 30 payroll ay hindi na makuha ng asawa ko. Maraming salamat at may ganitong services kayo. Malaking tulong tlaga samin

Mikaela13 wrote:Goodevening. May asawa po ako na OFW sa Malaysia. 3yrs po dapat ang contract nya dun pero dahil sa sobrang payat na nya at nahirapan sya makaadopt ng lifestyle, food etc sa Malaysia, plan sana nya na magresign nlang this month. Kaka 1 year lang po nya.

Question ko po - tama po ba na kapag nagresign, wala syang makukuha? 13th month and salary?

Aware po kami na kapag hindi natapos ang contract, magbabayad kami ng penalty ampunting to 10,000 ringgit at willing naman po kami magbayad kung talagang ganun kaya lang po syempre un ipinasok ng asawa ko sa trabaho pati ang 13th month mahirap po tanggapin sa loob na hindi na nya makukuha kung sakali. Pls enlighten us. Ang cutoff po pala ng payroll nila 1month din. Example payroll oct 1-31, sa nov30 pa nila makukuha so kung nov1-30 dpat dec 30 payroll ay hindi na makuha ng asawa ko. Maraming salamat at may ganitong services kayo. Malaking tulong tlaga samin

Anong nakalagay sa kontrata nya?

Hi, Am accepting a 1 year contractual employment and am wondering what is the appropriate taxation for this? will the 10% apply or the 33%? Am confused since they are requiring me to sign a contract stating a no work no pay policy and NO VL and SL is this lawful?

Are we contractual employees entitled for a 5 days of leave in a year? and what is the taxation appropriate? Please enlighten me.

I also filed an immediate resignation and my manager approved of it as well as my VP. Am worried if HR will have any say or can still contradict their approval? I dont want any legal issues and I need my back pay and certifications

erlyndelossantos wrote:Hi, Am accepting a 1 year contractual employment and am wondering what is the appropriate taxation for this? will the 10% apply or the 33%? Am confused since they are requiring me to sign a contract stating a no work no pay policy and NO VL and SL is this lawful?

Are we contractual employees entitled for a 5 days of leave in a year? and what is the taxation appropriate? Please enlighten me.

I also filed an immediate resignation and my manager approved of it as well as my VP. Am worried if HR will have any say or can still contradict their approval? I dont want any legal issues and I need my back pay and certifications

Tax - always depends on salary, maximum of 33%.

No work no pay is valid.

No VL/SL is valid as long as you are given 5 days SIL (if you exceed 1 yr).

Resignation is valid once approved my your supervisor/manager.

Good day po! I would like to know kahit na nag render ako ng immediate resignation
makakuha pa rin me ng COE at ITR 2014?

spy1581 wrote:Good day po! I would like to know kahit na nag render ako ng immediate resignation
makakuha pa rin me ng COE at ITR 2014?

Dapat lang.

Hello po. I need help po. 2mos and 2weeks palang po ako sa company. Last week or last 2weeks, they asked me to sign their probationary contract but i was not able to sign it yet because my tasks piled up (cant find time to review and sign it). Unexpectedly last Friday, i found an opportunity in the gov't so I filed my resignation (effective after 2weeks) yesterday. Somehow, i feel like they're forcing me to sign the contract. My boss even told me that since hr reminded me to sign it, i am responsible why there's no sign yet. What should i do? Should i just pay the damages? Or have an internal agreement with the management that i'll work in my free time just to complete the remaining 30day notice? Actually, i can feel the tension between me and my bosses and hr. I want to change my resigntion to effective immediately. Thank you.

You are still obliged to comply with the terms of the probationary contract.

council wrote:You are still obliged to comply with the terms of the probationary contract.

Is there a need for me to sign the contract po?

Yes, it's for your protection so they comply with their obligations also.

read the contract first. if there is anything there that is not acceptable to you, don't sign it.

it's their fault that they failed to make you sign it before the commencement of employment. Technically, you are already a regular employee because no written probationary contract was signed before your first day of work.

council wrote:Yes, it's for your protection so they comply with their obligations also.

Hello po. Thank you po for your reply. I'm quite in doubt on whether signing it will protect me. Not only will I bind myself to the company but will also commit perjury since stated in the contract that i signed it on the day I assumed my post. And it will be notarized, though, I wonder how it will work since we have no in house lawyer. Also, I see no purpose in signing the contract since I already filed my resignation. Am I violating any law? Thank you so much po.

attyLLL wrote:read the contract first. if there is anything there that is not acceptable to you, don't sign it.

it's their fault that they failed to make you sign it before the commencement of employment. Technically, you are already a regular employee because no written probationary contract was signed before your first day of work.

Thank you po for your suggestion. It's just a while ago that I had the opportunity to review the contract (our hr didn't discuss or explain the contract to me), and I found some items I'm not in favor of.

In my resignation, I requested to waive the penalties I will incur since I was unaware of the penalties due to the delay in transmittal of the contract to my person. If I don't sign the contract, will they find reason/s to sue me? Thank you po.

don't sign it.

council wrote:

chris22tor wrote:it means i'm already a regular employee even i write to them that i declined my regularization, but they accept my letter but they want me to stay for 30 days notice.

You're probably the first ever to decline a regularization.

They accepted your letter, as a resignation, but the LC requires a 30-day notice.[/quote]


if i already render 30 days notice then i need to leave(absent) since i been processing documents for my new employer, my current employer do have the right to extend me to cover my absence or leave but they already accepted my 30 days notice.

attyLLL wrote:don't sign it.

Thank you po.

Hi,

I'd like to seek for your advice.

As per law, an employee who intends to resign must render 30-days before the effective date. Does this 30-days include the holidays and the days without work/rest days (i.e Saturday and Sunday)?

Can the company change my resignation to IMMEDIATE even though I have specified in my resignation that it will take effect 30-days from submission? By the way, I do not want to resign immediately as I do not have any reasons to resign immediately and I do not have any source of income in that 30-days period.

Thank you so much.

blackdiamond_87202 wrote:Hi,

I'd like to seek for your advice.

As per law, an employee who intends to resign must render 30-days before the effective date. Does this 30-days include the holidays and the days without work/rest days (i.e Saturday and Sunday)?

Can the company change my resignation to IMMEDIATE even though I have specified in my resignation that it will take effect 30-days from submission? By the way, I do not want to resign immediately as I do not have any reasons to resign immediately and I do not have any source of income in that 30-days period.....

Labor Codes of the Philippines, Book IV, Title I, Art. 285:

Termination by employee.

   An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
   
X X X

(source: http://www.dole.gov.ph/labor_codes/view/7 )

if you resign on the 5th of the month, you should make your resignation effective no earlier than the 5th of the following month.

the requirement is not '30 working days', so yes, weekends and holidays and non-work days are included.

the 1 month advance notice of resignation is for the employer's benefit, not yours, the resigning employee.  although you will still get paid for the 1 month, you too benefit, but you have already quit, the employer can waive the 1 month advance notice requirement and let you go immediately or anytime if they don't need you or want someone who resigned to be in their employ anymore. you may become in their view a security risk of confidential info, or they may think you will just make kuyakoy for a month and why bother to pay you for killing time? better find a new job first before submitting your resignation.


just my opinion based on what i've read, i'm not a lawyer.

hi sir im just going to ask if what action i can do with my situation

i submitted my immediate resignation last dec 16 due to health reasons, my boss gave me 15days of voluntary leave to process my resignation and to approve my medical certificate of not fit to work. first thing of 2015 i went there and they told me they havent verified my medical certificate as my doctor's number was questionable since it was a cellphone number so i gave them his phone number after a week they told me they need another medical certificate from a specialist of my condition. my doctor is a internal medicine they want a medical certificate from a pulmonologist. which i thought was pointless-in a way that its been a month and graveyard shift is making my condition worse and theyre questioning the integrity of my doctor. i just want my COE. thank you in advance

considering it has been one month since then, the basis for resignation is already moot. however, there is no legal right to a coe so it is better to request for it properly.

i have the same situation of your i resigned immediately because i have new work, i have no contract to them but they allow my immediate resignation.i would like ask if am entitled in separation pay

jade011 wrote:i have the same situation of your  i resigned immediately because i have new work, i have no contract to them but they allow  my immediate resignation.i would like ask if am entitled in separation pay

Nag resign ka, so you will receive no other benefits or payments aside from your last pay and pro-rated 13th month, and tax refund/adjustment, unless specified or agreed.

Hello po,

Just want to ask regarding resignation po, pwede po ba ko mag-file ng immediate resignation ung as in ndi na po ako mgrerender ng 30 days?

Thank you,

me_jayl wrote:Hello po,

      Just want to ask regarding resignation po, pwede po ba ko mag-file ng immediate resignation ung as in ndi na po ako mgrerender ng 30 days?

Thank you,

Pwede, kung papayag ang kumpanya.

I would like to ask regarding po sa immediate resignation.  Nagresign po kasi aqu from my job last april 7, immediate resignation po ang gnawa qu dhil sa physical or medical condition qu which is dahil po buntis aqu and maselan ang pagbu2ntis qu. now hndi na po aqu nkapag render ng 30 days, then about sa backpay po ang sabi po nla sa akin ire2lease lang nla un after 60 days dahil immediate resignation daw po un, at ang isa pa po nung nkuha qu po ung back pay P2, 800 lang po nkuha dahil ang sabi po nla bnawasan pa daw po nla ung computed back pay qu ng 1 month basic pay qu dahil nga daw immediate resignation ang gnawa qu, and that un daw po ang policy ng company. Ang tanong qu po legal po ung gnawa nlang pagkaltas sa backpay qu ng 1 month basic salary at ung 60 days bago nla un nrelease na ang tanging dahilan po ay hndi aqu nkapag render ng 30 days na dahil nga po  maselan ang pagbu2tis qu? slamat po.