MONEY CLAIM

will i be entitle for money claim if i awol myself from my previous job because they didnt approve my immediate resignation?..can i have my clearance with them and if they cleared me am i entitle to get my backpay and if they didnt give it can i file money claim?

thanks po

ART. 285. Termination by employee. – (a) 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.

(b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

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.

For these reasons duly supported by evidence, i believe you are, depending on your employment terms and conditions or contract.

Thanks. i dont have any contract w/ them anymore. i tried to exit properly because im not able to work because of childcare reason, i'd explained w/ them the major reason why im leaving.unfortunately my manager advice HR that i have an online job so they refused to accept my immediate resignation. i have clear record w/ them non of my 6yrs stay will show any violation of there rules except my awol because i dont have a choice.i used my leave trying to cover up the 30days that their asking but my leave are not enough forcing me to awol myself..Then i saw some of my colleague who file immediate resignation they were all granted. Company is so bias in approving immediate resignation.

see first if they give you anything. if not, you have the option to complain before the NLRC for collection of separation pay.

ok thanks atty.

sir ano pong kaso ang pwd kung isampa s agency ko n ngpaalis s akin kc nlman ko po s owwa n ang shod ko po n nka register s kanila is 500dollars tpos ang tntanggap ko lng is 250 dollars tpos po nlman ko din n ang pirma ng polo riyadh ay fake tpos ang nklgay s kontrata n employer ay iba s pnag tatrabaohan nmin dun s saudi san b ako pwd mgsampa ng kaso kc mdami n cla nlo2ko n ofw pero tkot magreklamo