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TOPIC: Effectivity of Resignation in 60 days

Effectivity of Resignation in 60 days 6 years 6 months ago #4009

  • FEENAH
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Dear Atty. Libayan,

Kindly advice us on the below concern:
1) One of our staffs filed her resignation for another employment thirty days prior to the effectivity of the resignation (btw effective date of resignation should be march 31, 2013). But, the President of the company insisted on a 60-day notice. Is it legal that the company holds the employee beyond the 30-day notice as stipulated in the labor law notwithstanding the information being disseminated to all the employees?

2) The employee has talked to the President of the company seeking consideration of the March31, 2013 effectivity (as she needs to report for training with her new employer on April 1, 2013) but the President declined the request more so the staff was told that if she'll not report for work after March 31, she'll be charged with AWOL. Is there a valid ground for the management to do this?

Your wisdom on these matters sir is greatly appreciated. Thank you so much.
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Effectivity of Resignation in 60 days 6 years 6 months ago #4015

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The president is not allowed to impose conditions beyond what the law requires if the other party does concur.

Forcibly asking the employee to work maybe tantamount to involuntary servitude.
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Last Edit: 6 years 6 months ago by Atty. Libayan.
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Effectivity of Resignation in 60 days 6 years 6 months ago #4037

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Thank you so much Atty. We are very grateful for this site where everyone could liberally air their legal concerns for your FREE legal advices. More power!
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Effectivity of Resignation in 60 days 6 years 6 months ago #4047

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Welcome.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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