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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Resignation during probationary period

Resignation during probationary period

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1Resignation during probationary period Empty Resignation during probationary period Mon Sep 12, 2011 5:30 pm

foxyface


Arresto Menor

Good afternoon pinoylawyer.org! I understand that the law requires a 30-day prior written notice before the effectivity of a resignation. Does that also apply to employers who are still under probationary period? Also, can an employee take it against the company if the latter could not produce a black and white copy of the contract? The employee, as well as the rest of the batch, were asked to sign a contract yet they were not given a copy; there might be stipulations written there which tackles resignation-related issues.

attyLLL


moderator

yes, 30 day notice applies. ask for a copy of the contract.

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

foxyface


Arresto Menor

attyLLL wrote:yes, 30 day notice applies. ask for a copy of the contract.
Laughing

So conversely, the company must also give a 30-day prior grace period, even during probationary stages, am I right? Also, does the non-compete clause apply here in the country? I'll be checking that out once we secure a copy of the contract (not mine by the way).

4Resignation during probationary period Empty Re: Resignation during probationary period Thu Sep 15, 2011 11:52 pm

attyLLL


moderator

the company can shorten the notice period. there are many who argue that a non-compete clause is not enforceable, but I disagree.

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

foxyface


Arresto Menor

It appeared there is no mention of a non-compete clause on a sample contract from the company. Resignation letter was submitted and duly received. Now we're thinking about shortening the 30-day mandatory grace period, via the use of leave credits and or offsets due to Sunday works. By law, what is the minimum number of working days per week? We're thinking if we work on all remaining Sundays of the grace period without taking any day-off (though highly improbable), then we can slash-off at least 4 days from the 30-day grace period.

attyLLL


moderator

that can work only if the employer agrees to it.

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

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