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  1. Join Date
    Nov 2007
    Posts
    2,566
    #1
    hi all


    what is the best way to deal with kasi sabi ng employer nag awol yung tao. pero itong taong ito nag file ng resignation.. but hindi na nag render ng 30 days (base from contract ) employee must render 30 days prior to resignation date .

    will this be considered as AWOL? kasi may resignation naman

    and pag AWOL hindi raw irelease ung last pay.. and likes

    - timeline prior to resignation
    * last June or JUly naktanggap lang ng sweldo na hindi pa lalagpas sa 1k pesos. (base from contract this person has standard salary 15 and 30th of the month) so yung 1k is merely less 5% of salary
    - JUly, salary will be base from the output , parang job order na lang cya (without contract ito)
    - Aug - file resignation and goodbye



    is there any lawyer in the house? can you enlighten us please


    Thanks

  2. Join Date
    Feb 2008
    Posts
    5,179
    #2
    im no lawyer but i think the 13th month pay is retro and right niya makuha ito. pero not serving the 30 day notice gives leverage sa employer.

    AWOL talaga if hindi serve yung 30days and hindi pinayagan immediate resignation. hindi makakakuha ng clearance yung person kasi breach of contract ang labas. parang protection of the employer to get a replacement in 30days and be given ample time for the turnover.

    my two cents worth
    Last edited by ghosthunter; November 24th, 2010 at 09:26 AM. Reason: spelling

  3. Join Date
    Oct 2008
    Posts
    205
    #3
    From my own experienced, nag submit ako ngayon ng resignation then kinabukasan ang effectivity, no question asked, though my existing contract. Binayaran lang nila yung days na ipinasok ko then fraction ng 13th month pay and refund yung tax na kinaltas sa akin.

  4. Join Date
    Nov 2007
    Posts
    2,566
    #4
    i think base from this law
    http://www.bcphilippineslawyers.com/...ppines-book-6/


    ARTICLE 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.



    - see the timeline before the resignation
    i think he can use this because its already inhumane receiving merely 5% of salary

    do you guys think he can use this ?
    Last edited by jansky; November 24th, 2010 at 01:21 PM.

  5. Join Date
    Oct 2007
    Posts
    1,324
    #5
    Quote Originally Posted by jansky View Post
    i think base from this law
    http://www.bcphilippineslawyers.com/...ppines-book-6/


    ARTICLE 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.



    - see the timeline before the resignation
    i think he can use this because its already inhumane receiving merely 5% of salary

    do you guys think he can use this ?
    Yes he can use it. But he has to go to NLRC.

las pay , 13th month , tax refund etc..