Employment cash bond question

[dondonposadas]

I'm not sure if this is the right place to post this question. Anyway, I need your opinion fellow tsikoteers regarding this matter. I recently resigned from my company and they are forcing me to pay the cash bond and render 30 days grace period. I am willing to pay the bond which I believe that my back pay is sufficient enough to pay off the bond. My question is will the company can still sue me and ask for damages for not complying with the 30 notice. I really need your help guys specially those who are experts in labor laws. For additional info I'm a sales person of our company. TIA

[Retz]

kung may leave ka pa, yan file mo for the 30 days grace period.

[dondonposadas]

Sir meron pa nga ako mga leave kaso ayaw ng company ko tangapin. Pede kaya yun under the law na di ka nila payagan to use your unused leave as terminal leave?

[shadow]

Baka naman kasi meron transition saka nasa contract mo na kailangan 30 days transition period

[dondonposadas]

Oo nga sir nasa contract ko pero may nakalagay na pag di na follow magbabayad ako ng bond. Ok lang yung bond kasi enough na yung back pay ko ang worry ko lang e kung allowed sila ng law na isue pa ako ng damages aside sa bond.

[stavros]

Kung ano nasa contract yun muna sundin mo, in the first place, dapat inaral mo na contents ng contract mo bago ka nag file ng resignation.

[dondonposadas]

Kung ano nasa contract yun muna sundin mo, in the first place, dapat inaral mo na contents ng contract mo bago ka nag file ng resignation.

salamat sir sa reply. actually di na kasi makatao ginagawa nila sa employee andyan yung nadedelay ang sahod at bawas ang allowance na naka list din sa contract. im not just sure if applicable dito yung nakasaad sa labor code
art. 285 Termination of Employee
b.2. Inhuman and unbearable treatment accorded the employee by the employer or his representative

[shadow]

salamat sir sa reply. actually di na kasi makatao ginagawa nila sa employee andyan yung nadedelay ang sahod at bawas ang allowance na naka list din sa contract. im not just sure if applicable dito yung nakasaad sa labor code
art. 285 Termination of Employee
b.2. Inhuman and unbearable treatment accorded the employee by the employer or his representative

Doesnt matter, aalis ka na nga diba? Why not just finish the transition then Tapos na lahat, I don't think it's necessary to make a big fuss about this.

Baka naman it's your fault nagkamali ka ng assumption nag conflict starting date mo doon Sa new work you should have told your new employer regarding the transition period.

I don't understand why do you need to escalate this to the labor agency eh hinde naman malaking problema eh...ikaw lang nagpapagulo...really..

Suck it up, you can just finish the transitional period and be professional about it

[dondonposadas]

Doesnt matter, aalis ka na nga diba? Why not just finish the transition then Tapos na lahat, I don't think it's necessary to make a big fuss about this.

Baka naman it's your fault nagkamali ka ng assumption nag conflict starting date mo doon Sa new work you should have told your new employer regarding the transition period.

I don't understand why do you need to escalate this to the labor agency eh hinde naman malaking problema eh...ikaw lang nagpapagulo...really..

Suck it up, you can just finish the transitional period and be professional about it

Thank you sir for being frank. Actually it is easy to say these things but if you were in my shoes..... no offense bro just sharing my side.

*all, thank you for the response i think i already have the information i need to come out with my decision.

[shadow]

Thank you sir for being frank. Actually it is easy to say these things but if you were in my shoes..... no offense bro just sharing my side.

*all, thank you for the response i think i already have the information i need to come out with my decision.

None taken, what I meant aalis ka na rin naman eh why not just finish the transition period which btw is in your contract? Anong manirap doon? Tapusin mo then get yur clearance...

what's the problem ba bakit ayaw mo mag transition?

[KERSMcRae]

salamat sir sa reply. actually di na kasi makatao ginagawa nila sa employee andyan yung nadedelay ang sahod at bawas ang allowance na naka list din sa contract. im not just sure if applicable dito yung nakasaad sa labor code
art. 285 Termination of Employee
b.2. Inhuman and unbearable treatment accorded the employee by the employer or his representative

^
Q: di kaya violation din yan sa labor laws natin?

[Mguy]

By law ata yun 30 days eh. Malas na lang na di tinatanggap ang terminal leave.

[dondonposadas]

thank you for all who responded to my query. i will be going today to seek advise from NLRC regarding the matter.

[Mguy]

+1 sa post above

[flakez]

i agree, kung pati ikaw hindi susunod sa contract ano pa pinagkaiba mo sa kanila. be professional and hayaan mo yung ginagawa nilang mali. if you want, escalate mo pa sa labor pero gawin mo yung dapat mong gawin. keep in mind may mga client din kayo na baka maapektuhan niyang gagawin mo.

[yebo]

i had resigned twice and left with no notice even though my contract stipulates for me to give a 30 day notice, never got asked to serve that 30 days notice and go back to work. it is just simple common sense (on the side of the company). it is quite stooopid for a company to force someone to go back to work when that employee had already submitted his resignation. imho, they are taking risks that the employee will not sabotage their operations.

you can always tell them "Ok I will go back to work and render that 30 days transition, BUT DO NOT EXPECT ME TO DO ANY WORK. I'LL BE SITTING ON MY CHAIR LIKE A ROCK." and yeah, do sit like a rock. then they can fire you for it but what do you care, eh?

[kerf]

I dont think kakasuhan ka ng company mo pag hindi mo nacomplete yung 30-day notice period. IMHO pede ka na magleave even if hindi ka payagan, pero that would be considered AWOL -- and nasa track record mo na yan. And anytime na magapply ka sa kahit sang trabaho at nag background check sila sa previous job mo, lilitaw at lilitaw yung AWOL record mo. Not good yun.

Kung talagang ayaw mo na pumasok, baka pwedeng sabihin mong nagkasakit ka at di ka makalabas ng bahay. Wala naman sila magagawa kung yun ang reason mo.

[_Qwerty_]

if you dont get cleared, they might hold your last salary, monetized leave credits and pro rated 13th month pay.

[dondonposadas]

Another thing happened just today in our company, they ask the GM to vacant the post within the day because they suspect him behind the resignation of the staff. They can not accept the fact that most employees if not all wanted to leave this prison company.

[dondonposadas]

if you dont get cleared, they might hold your last salary, monetized leave credits and pro rated 13th month pay.

Sir ok lang sakin kahit di na nila ibigay makaalis lang.