Do I have to render 30 days before resignation?

[timeassasin]

I plan to resign in a call center I'm currently working in and when I told my TL about it, he told me that I have to render 30 days before resignation. Do I have to render the 30 days or pwedeng hindi na? I plan to transfer to another company kasi and their training starts within 15 days. I hope someone could shed me some light about this topic.

[karirista]

AFAIK 30 days is under Philippine law. Whereas in the US pede na *** 15 days lang.

Thing is, it's best advantageous to either party kung mag-render ka ng 30 days kasi baka mag-reflect yan sa application history mo eh. Like kung ndi ka nag-render ng 30 days, baka ma-bad record ka pa sa ibang employers.

[pinoynetwit]

Here is the relevant reference to assist you in your interntion to resign from your company:


http://www.chanrobles.com/legal4labor5.htm#BOOK%20VI

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.


HOWEVER, PLEASE TAKE NOTE OF THIS COMMENT FROM THE SUPREME COURT THAT MAY SOMEHOW GIVE YOU SOME COMFORT:


http://www.lawphil.net/judjuris/juri1997/jun1997/gr_118041_1997.html

In cases of voluntary resignation, the employee finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment; 11 hence, the law affords the employee the right to resign regardless of whether the company has found an able and competent replacement and whether the operation of the company would be affected provided he serves a written notice on the employer at least one (1) month in advance. The rule of requiring an employee to stay or complete the 30-day period prior to the effectivity of his resignation becomes discretionary on the part of management as an employee who intends to resign may be allowed a shorter period before his resignation becomes effective. In the instant case, the noncompliance with the period should not be used by management as a subterfuge to avoid the payment of separation pay. 12


I hope you find the legal references above useful in negotiating with the company that you are leaving. I did legal research for a stock brokerage company[apart from doing sales, corporate research and back office work] and was a former "Gestapo" of the country manager in charge of finding ways to file cases against erring employees. That is why I am quite familiar with the situation you have.

In my days with that industry, I had to go to National Book Store since these websites were not available. The internet is such a wonderful tool for research; was even able to find technical manuals for assault rifles and crew-served infantry weapons for my hobbies.

Mabuhay and Good Luck!

[timeassasin]

thanks for the info but how about yung mga naga-AWOL? Yun bang di na nagpakita sa office without any notification. I know a lot of people doing this and they still end up working in other companies. :(

[karirista]

^ Siguro hindi nila nilalagay yung company na pinag-Awol-an nila sa resume' sila kaya ndi nasisipat.

[pinoynetwit]

Malay mo madaan mo sa pakiusap ang sitwasyon mo.

[seifadiaz]

may remaining VL/SL ka pa ba? di mo pa pwede gamitin yun para i-deduct sa 30 days requirement?

[timeassasin]

may remaining VL/SL ka pa ba? di mo pa pwede gamitin yun para i-deduct sa 30 days requirement?

wala na po kasi madalas me magkasakit before kaya I've used up all my SL and VL leaves.

[Greenfire]

i guest you need to render 30days for your to have a clean record plus for you to get your back pay.

[choloy_11]

this is the info i got from HR, my friend and I asked kc abt this last week..

In every company, the ideal would be 30days..accdg to them (HR) this will allow you kc to get your last pay, prorated na 13th month pay and then yung backpay or separation pay..plus *** unused SL/VL credits din dw..

pero sabi nia 15days will do.. para din maganda kahit papano *** record ng exit sa company & at the same time they can consider you if you will reapply dba?

me naman, what im planning to do is mgfi-file muna ako ng VL then while on VL saka ako mgfi2le ng resignation..sabi ng HR pwede din daw un..

un lang share ko lang..

[rubberr_ducky]

based from experience sa ma dating accounts ko. mainam *** immediate resignation due to health reason (so you dont have to serve the mandatory 30 day rule)

[zer0_c0oL]

based from experience sa ma dating accounts ko. mainam *** immediate resignation due to health reason (so you dont have to serve the mandatory 30 day rule)


but what if they find out that you just transferred to another ship??? wouldn't that make the situation complicated...and for all we know sa liit ng mundo ng mga call centers halos magkakakilala yung mga HR people nila...*okay*

[pinoynetwit]

Problema nasabi na niya na mag-reresign siya kaya di na pwede suddenly "magkasakit" siya. Remember you can still get your back pay even though you resigned immediately[take note of the Supreme Court decision that I posted]. Read your contract for any bond or non-compete clause..some non-compete clauses are onerous and in the eyes of the law void "ab initio".

Yes, pwedeng gamitin ang isang illness that seriously impairs your ability to work as an excuse.

Mahirap kaso mo, kailangan pakiusapan... Meron akong alam na call center na tumanggap ng nag-AWOL. But that call center happens to be so "famous" for trampling on employee rights kaya pinalusot siya nung nilipatan niya....9 months na siya ngayon dun sa nilipatan niya kaya tama yung ginawa nung HR na tanggapin yung nag-AWOL.

[rob_pico]

from my experience they really don't follow that 30 day rule in most call centers i've already done it twice, i went to the office just to tender my immediate and irrevocable resignation and i was given the exit interview thing that same day/night and also went the rounds of having some of the people sign the clearance form with no questions asked except of course in the exit interview where some questions will be asked

[mystique26]

i resigned cvg last april 2006 effective immediately. depende rin sa situation mo yun and sa company. yung sakin kasi nagkataon my TL and OM were understanding.