Termination and Harassment from previous employer

Good day to everyone and I hope someone could help me with this problem. I used to work in one of the big companies in this country. However, last February 2008 I decided to work abroad so I applied for a resignation 1 week prior to the date of effectivity stated in my resignation letter.
However, my previous employer refused to accept my resignation. Instead, they terminated me stating that I need to inform them at least 30 days prior to the date of my resignation. Because I was terminated, I was not able to receive my last salary and other benefits that I am supposed to get as a resigned employee. I did not bother to file a case in NLRC nor pursue my benefits anymore.
One year after, they are now harassing me to pay a humongous amount of 400t + for the provident fund loans that I have made ever since I have worked for their company. As far as I am concerned, since I am a former member of that provident fund I should not owe any money to them because they have been deducting the payments from my salary ever since I started to make loans and I also have a provident fund share that will be enough to supposedly be used to pay any outstanding balance that a member may have once he/she resigns from the company.
Presently, I am jobless since I was laid-off from my overseas job due to the global economic crisis. Worst, I am not financially able to pay the money they are demanding from me. Is there a law here in our country that states that one should notify the company 30 days before resigning from your job? Do I still have the right to file a counter complaint against my previous employer once they file a civil case against me? Is it legal that they only notified me about the said money 1 year after my resignation? Any help and suggestions is highly appreciated. Thank you very much.

^Yeah, in the labor code the employer must be informed 30days prior to your resignation date.

Regarding your benefits, I am not sure if its valid for the company to withhold your last salary and other benefits.

Now, re: 400k+ that you owe the company. Answer these questions:

a) Provident fund? meaning is this like a loan extended by the company to their employees or is this something like a cooperative loan association?

b) How can you be so sure that the company IS deducting the loans from your salary?

c) If the answer to b is that you are sure, then the next question is: Is there a company memo or perhaps some sort of guidelines that governs the said fund?

d) do you have receipts proving that you paid the loans?

e) are the loan deductions reflected in your pay slip?

f) do you have evidences proving that you are a shareholder of the fund? If so, up to what amount?

re: counter claim: Well that depends on the circumstances surrounding your termination. Do you intend to actually resign after 1 week?

re: validity of the complaint of the company. Yes, it is valid.

b_9904, your response to my queries is highly appreciated. Now, to answer your questions:

a) Provident fund? meaning is this like a loan extended by the company to their employees or is this something like a cooperative loan association?
- Yes it is. The Provident Fund in the company that I have worked before is something like when you avail of a loan, 60 or 70% of the payment will be shouldered by the employee while the rest will be shouldered by the company. I believe that the term they are using for that is called company share, I think.

b) How can you be so sure that the company IS deducting the loans from your salary?
- Every 15th and the 30th of the month whenever we receive our salary, the amount that the Provident fund is deducting from the employee is reflected on his/her payslip.


c) If the answer to b is that you are sure, then the next question is: Is there a company memo or perhaps some sort of guidelines that governs the said fund?
- I believe there is one but unfortunately I am not familiar with it so I am unable to explain it to you any further.

d) do you have receipts proving that you paid the loans?
- I do keep my pay slips before but sadly I had already thrown it in the garbage after I left the company thinking it is of no use to me any longer.


e) are the loan deductions reflected in your pay slip?
- Yes

f) do you have evidences proving that you are a shareholder of the fund? If so, up to what amount?
- I never had one nor are the employees currently employed there. I am not familiar with the amount but equity that a member receives every 6 months increases in line with the number of years that the employee has been working with the company.

As to what you have explained, legally as stated by law I am indeed terminated from my previous job but you are unsure whether I should receive a separation pay, my last salary and other benefits an employee should receive once they leave the company. A while ago, I was told by my former office mate that once an employee is terminated, the company share will be removed and the employee will shoulder all the payment from the incurred loan.
If indeed the computations about the amount that I have loaned from them are correct, as of the moment I am not financially able to pay them up front nor do I have any assets to sell or for them to forfeit. Even my bank savings is less than 70t. I am currently living with my mother and we are not rich. Even if I get a job right now and earn 15t a month, it will take a very long time before I will be able to pay the said accumulated loan payment. What are cases that my previous employer can file against me if I am unable to pay my loans? Again, thank you very much and hoping for a response.

^dude, perhaps a civil case for s sum of money.

I suggest you gather the following:

1) the company guidelines governing the fund

2) The determination of your share in the fund

3) and the effects of resignation.

Question:

Did you sign anything when you took up a loan from the fund? A contract or memo perhaps?

b_9904, as always thank you very much for the replies. I guess I need to personally consult an attorney regarding this matter. Again, thank you and God bless!