There are contradictory statement where sometimes it is quoted that the queriest is intending to consult a lawyer and in other quote it is mentioned that the lawyer has asked the queriest not to attend the investigation after resignation.
From India, Ahmadabad
734From India, Ahmadabad
Dear friends,
First of all this is a case appears to be relating to events taken place in the Philippines.
And most of us will not be aware what are the labour laws and practices prevailing in that country. Therefore whatever is being said and suggested are only subjective. In the circumstances my opinions are:
1. Mere handing over a letter of resignation suo-motto does not mean automatic acceptance of the resignation.
2. In the cases of resignation the same has to be read with the conditions of appointment and the rules and regulations governing their apptt., SO etc.appropriate.
3. It could be understood a case has been foistered upon this employee purportedly before relieving him consequent to his resignation, and the possible innocence have to be established.
Therefore it would be prudent to go by the trusted legal advice.
From India, Bangalore
First of all this is a case appears to be relating to events taken place in the Philippines.
And most of us will not be aware what are the labour laws and practices prevailing in that country. Therefore whatever is being said and suggested are only subjective. In the circumstances my opinions are:
1. Mere handing over a letter of resignation suo-motto does not mean automatic acceptance of the resignation.
2. In the cases of resignation the same has to be read with the conditions of appointment and the rules and regulations governing their apptt., SO etc.appropriate.
3. It could be understood a case has been foistered upon this employee purportedly before relieving him consequent to his resignation, and the possible innocence have to be established.
Therefore it would be prudent to go by the trusted legal advice.
From India, Bangalore
It is always prudent to accept the resignation rather than terminating if the employee is a workmen. Varghese Mathew
From India, Thiruvananthapuram
From India, Thiruvananthapuram
This is a case under Philippine law, so we can't comment based on our laws.
But if the company during internal investigation finds cases of fraud (specially since the employee did not bother to present his defence or appear to clarify matters, they would be pretty justified in terminating even under Indian laws.
From India, Mumbai
But if the company during internal investigation finds cases of fraud (specially since the employee did not bother to present his defence or appear to clarify matters, they would be pretty justified in terminating even under Indian laws.
From India, Mumbai
Dear Melziz,
Following is the extract from a site referring to Phillipines labour laws about the resignation etc. (with or without prior notice) :
"What is resignation anyway? As held in the case of Intertrod Maritime, Inc. v. NLRC, [1991], resignation is a voluntary act of the employee which is beyond the control of the employer. Once accepted by the employer, the employee loses his right to the job. The Labor Code also recognizes resignation in Article 285 (a) which states:
“An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.”
Similarly, when an employee has submitted a letter of resignation due to circumstances beyond his control, his dismissal was still deemed as constructive and therefore, illegal. This is due to the fact that the Supreme Court has held that constructive dismissal is “an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee.” (Escobin v. NLRC, GR No. 118159, April 15, 1998)
-----------------------------------
ALSO READ A JUDGMENT OF S.C. OF THE PHILLIPINES REG.ABANDONEMENT OF EMPLOYMENT AND SUBSEQUENT TERMINATION ETC. IN THIS LINK>
<link outdated-removed> .
-------
From the postings I have no clue whether the mandatory one month prior notice intimating your 'intention' of resignation was served or not. And whether or not you resumed duty subsequent to these developments. The worst that could happen, in this case is, in the event that abstaining from resuming duty and attending the inquiry might result in ex-parte conclusion of "dismissal without any benefits" which probably, under due legal advice could be contested in your jurisdictional courts. Of course they may also sue for compensation or so if found guilty of some crime for losses sustained by your employer. This is my presumption
From India, Bangalore
Following is the extract from a site referring to Phillipines labour laws about the resignation etc. (with or without prior notice) :
"What is resignation anyway? As held in the case of Intertrod Maritime, Inc. v. NLRC, [1991], resignation is a voluntary act of the employee which is beyond the control of the employer. Once accepted by the employer, the employee loses his right to the job. The Labor Code also recognizes resignation in Article 285 (a) which states:
“An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.”
Similarly, when an employee has submitted a letter of resignation due to circumstances beyond his control, his dismissal was still deemed as constructive and therefore, illegal. This is due to the fact that the Supreme Court has held that constructive dismissal is “an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee.” (Escobin v. NLRC, GR No. 118159, April 15, 1998)
-----------------------------------
ALSO READ A JUDGMENT OF S.C. OF THE PHILLIPINES REG.ABANDONEMENT OF EMPLOYMENT AND SUBSEQUENT TERMINATION ETC. IN THIS LINK>
<link outdated-removed> .
-------
From the postings I have no clue whether the mandatory one month prior notice intimating your 'intention' of resignation was served or not. And whether or not you resumed duty subsequent to these developments. The worst that could happen, in this case is, in the event that abstaining from resuming duty and attending the inquiry might result in ex-parte conclusion of "dismissal without any benefits" which probably, under due legal advice could be contested in your jurisdictional courts. Of course they may also sue for compensation or so if found guilty of some crime for losses sustained by your employer. This is my presumption
From India, Bangalore
first thing I have agreed with above conversation but right now I have asking two questions your having a resignations accepted copy ? or sending mail copy for you have resigned your post from ------------ date because this is the most importance if yes then they are deemed in all angle
From India, Pune
From India, Pune
It doesnt matter whether you are resigned or your termination is instructed.
You are accountable for activities that you carried out during your employment. If you have done fraud at your place then resignation will not allow you to run away.
You should and must face inquiry and come out clean.
if your lawyer has suggested you not to attend the inquiry then you should first change your lawyer.
Discuss this issue with your family and close friends. It can get you in big trouble in future if you failed to take proper legal assitance
From India, Mumbai
You are accountable for activities that you carried out during your employment. If you have done fraud at your place then resignation will not allow you to run away.
You should and must face inquiry and come out clean.
if your lawyer has suggested you not to attend the inquiry then you should first change your lawyer.
Discuss this issue with your family and close friends. It can get you in big trouble in future if you failed to take proper legal assitance
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Termination-emp loyment_563.pdf
Resignation Letter.jpg
Resignation cum relieving letter.doc