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TOPIC: Denied Resignation

Denied Resignation 1 year 10 months ago #17651

  • GraceLim
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Hello Atty. Libayan,

I'm presently a probationary employee but due to personal circumstances I decided to vacate my post.
I submitted my resignation last week, 9 October 2017, following the 30-day notice rule in my probationary contract, my last day would have been 7 November. However, my manager asked me to reconsider and that she will not accept my resignation yet. I told her I will think about it.

My manager did not sign the hard copy of my resignation letter, but I attached the same resignation letter in my email to her on the very same day (9 October) and I did not send her any official communication that I am retracting my resignation - only that verbal affirmation that I will think about reconsidering.

Fast forward to 8 days later, (today, 17 October) I have decided to push through with my resignation. I plan to send her another email and provide her a hard copy of the same, informing that I have decided to push through with vacating my post. My questions are these:

1) Can I insist my last day to be November 7, 2017, as stated in my October 9 letter?
2) On the other hand, can they impose that my last day be moved, to follow the date on the second letter that I will be submitting today (17 November)?
3) Given that my manager refused to sign the hard copy of my notification, and if she would again refuse to accept my decision today, what would be the repercussions if I stopped working by 7 November? Would I be liable to damages, if any?
4) Can they force me to go back to work after November 7? and lastly;
5) Is my manager's acceptance of my resignation a vital pre-requisite for my resignation to be valid?

I appreciate your feedback Atty.
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