Tuesday, April 3, 2012

Labor law Philippines

frequently asked question from terminated employees;

"hindi na po ako pinabalik hindi na daw ako allowed pumasok"

"Sinabihan ako na wag na ako pumasok bukas"

"You're FIRED"

all of this are illegal acts of termination. remember that the law requires two notices before you are terminated that is Notice to explain and Notice of actual termination this are the basic of due process.

8 comments:

  1. good day po, i just wana ask if there's something my brother can do abt his situation po, he's an RN po and has been working at a specialty clinic for about 10months now, he only signed a 3month probationary contract, and no regularization contract was signed, d rin ngbago salary nya, and besides that, most of the time, he' asked to render ot without extra pay, and he's doing like two shifts in a 24hrs period, like pag ng 6-2 po xa, the same day, he'll go back for a 10-6 shift. opportunity came and he got hired at a hospital, he passedd immediate resignation, but they didnt accept it, he's told that he needs to render 15 days more but he cant, he went on awol today. i understand that he's required to render the 15/30 day notice before resigning, but is there anyway for him to do something, given the situation above, to deamand COE from them? thank you for your assistance po. God speed.

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  2. Well he can always tender a resignation, no one can force another to work for a person or company against his or her will, that will constitute involuntary servitude.

    based on the accounts you made, this can fall under inhumane working conditions that can forego with the 30 days notice rule.

    you can file a new "Urgent resignation letter" stating the condition you are is no longer acceptable and inhumane and that you have no more recourse but to resign to preserve your dignity that will justify the non observance with the 30 days notice rule.

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  3. Well he can always tender a resignation, no one can force another to work for a person or company against his or her will, that will constitute involuntary servitude.

    based on the accounts you made, this can fall under inhumane working conditions that can forego with the 30 days notice rule.

    you can file a new "Urgent resignation letter" stating the condition you are is no longer acceptable and inhumane and that you have no more recourse but to resign to preserve your dignity that will justify the non observance with the 30 days notice rule.

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  4. I just want to ask po about sa immediate resignation...
    I submitted an immediate resignation letter kasi po di nila nahuhulugan ung benifits namin but I did not put that as the reason for leaving the company. They also accepted it but I they still want me to render 5 more days even it's an immediate resignation. I failed to finish the 5 days and they said that they will not give my incentives and salary because of it. What should I do?

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  5. Good evening po ask ko lang po sa contract ko kasi may nakalagay na hindi ako pwede imalis hanggat wala akong kapalit. Nagbigay na ako ng resignation letter ko ayaw nila ireceive kasi wala ako pa ako nahahanap na kapalit ko. Ano po ba ang maganda kong gawin ? Salamat po

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  7. Hi all, you can try to visit NDV Law's legal advice page or you can call them.

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  8. HI po good day. I would like to ask for your opinions or suggestion re my situation. I resigned from my work last Feb. I gave my resignation letter 15 days before my last day. My reason for my resignation is that my wife and newborn will be relocating to bacolod city. Now, ayaw pirmahan ng supervisor ko ang clearance ko. He kept on giving me different reasons everytime. 1St meron daw variance sa January na inventory and need pa daw mag wait na MA adjust ang inventory before pirmahan. E March na and as of what I know, January inventory dapat na days after the month end inventory naayos na yan. Another reason nya naman is nasa Manila daw sya for seminar wait ko nalang na bumalik sya. Then another reason naman is wait nalang daw na pirmahan ng manager ang clearance eh ung manager daw nasa Manila pa may training. Mag 2 months na po nd pa po MA release ng hr ang backpay ko kasi wla pang clearance. Then I raised this concern with my hr. Sabi ng hr picture.ran nalang daw ung clearance ko kahit wlang pang sign ng manager to see if nilalakad talaga ung clearance ko. And now ayaw pictureran ng supervisor
    What should I do po?

    ReplyDelete