Is she entitled for a separation fee or not?

[salbahis]

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better talk a labor or a corporate lawyer...

[CocoCrunch]

pag-AWOL nalang, para sila na gyud ang mopapahawa nimo.

kalurki ani na reply oi og kana usa sa taas.. reread TS' issue please.

She OWNS the company. why would she go on AWOL?

and usa pud ang advice kay para sa person na naproblema ang TS. tsk tsk

[SioDenz]

kalurki ani na reply oi og kana usa sa taas.. reread TS' issue please.

She OWNS the company. why would she go on AWOL?

and usa pud ang advice kay para sa person na naproblema ang TS. tsk tsk

Siya guro tong Inlaw B

[ladynes]

dli n binuang...
i need some serious advice guys

[CocoCrunch]

pwede mo ride ani nga thread? separation pay mnpud akong problem..

actually, among company nagahatag jd ug separation pay sa mga empleyado nga ni voluntarily resign.
then karon nga year, 3 kabuok ni resign.
katong 1st ni resign, g ingnan xa sa among gm nga naa xy separation pay. ako pud nga nka dungog, nga naay separation pay, nalipay pd ko ky nagplan mnpud ko mo resign.

sa dihang ni pass nko ug resignation, kalit lng niingon among admin nga dili na cla mohatag ug resignation namo nga ni voluntarily resign ky among reason daw is mobalhin ug lain nga trabaho.

akong g ingnan ang usa nko k kaoban nga nag plan pd mo resign nga wala koy madawat nga resignation asta tong among kaoban nga niuna ug resign. pagkabalo niya nga wa mi separation ni pass daun xa ug resignation ky sayang daw ang adlaw magdugay xa nya wa diay separation. pero lahi pd iyang g reason sa iyang resignation. mag full time mom nlng daw xa. pra basin daw naa xy madawat. but unfortunately giingnan npud xa nga wa xy madawat ky wa daw sa balaod nga need cla mohatag ug separation pay sa mga tao nila nag voluntarily resign.

if kamo guys?
unsa kaha amo pwede buhaton pra ma naa mi separation pay? i know wa jd sa labor code nga mohatag cla separation pay, but sakit mnpud pamalandongon nga wala mi madawat. dugay nmi sa comanya and isa 8 yrs, the other is 9 yrs then ako ky 7yrs.

thanks daan sa advices

ang maayo na buhaton nimo ani kay moadto ka sa NLRC. mofile kag complaint about your company. mas maayo kung daghan mo para lig on inyong case. regardless of your reason why you resign, they are still required to give you separation pay/quit claim.

if ni breach ka sa contract like nakakita kag trabaho without rendering 30days notification,or nisign kag contract sa lain na company without official resignation, pwde ka kasuhan sa imong previous company or they can cancel the separation pay or charge you for damages.

if you will resign, photocopy the resignation letter with their signatures that you are cleared and officially separated from the company.

[mybuuz]

kalurki ani na reply oi og kana usa sa taas.. reread TS' issue please.

She OWNS the company. why would she go on AWOL?

and usa pud ang advice kay para sa person na naproblema ang TS. tsk tsk

Siya guro tong Inlaw B

sorry, my reply is intended for @ladyness...
the issue with the TS is clearly fixed as per previous replies.

[ladynes]

thanks cococrunch

actually, humana kog pass ug resignation. notification to xa for 30 days. ako lng to pangayoon sa hr pra photocopihan noh?
wala ko nag butang rison sako resignation. pero nka ingon ko nila nga mobalhin ko work.

ako ingnon pd amo mga kaoban nga nangresign nga moadto mi NLRC. asa gani n dapit?

[CocoCrunch]

thanks cococrunch

actually, humana kog pass ug resignation. notification to xa for 30 days. ako lng to pangayoon sa hr pra photocopihan noh?
wala ko nag butang rison sako resignation. pero nka ingon ko nila nga mobalhin ko work.

ako ingnon pd amo mga kaoban nga nangresign nga moadto mi NLRC. asa gani n dapit?

dont tell your employer yet that you will file a case to NLRC. confirm again about your separation pay then ask for a copy of your signed resignation letter or clearance as evidence that you are officially not connected with them anymore. i think there's 2months grace period given to a company to provide separation pay.

bisan moana paka na mobalhin kag lain work, it's still your prerogative and wala kay utang nila. it's your life so you can do anything you want. since you've already resigned, they can't dictate what you should do and you are not breaching any contract.

[gareb.]

Not..........................

is she entitled for a separation fee or not?

Before i begin, i would like to point out the people in this letter.

1.) brother in-law - my husband's younger brother
2.) sister in-law a - my husband's younger sister
3.) sister in-law b - my husband's younger sister
4.) employer - me

hello, i need some inputs and advice.
I have this company. My brother in-law is working as our company driver and a sister in-law (in-law a) working in the office starting january 2010. She convinced her sister ( in-law b ) to work with us. March 2010 in-law b just reported to the office with out any application nor submit resume. In-law b accepted without thinking for one reason because she is a sister of my husband. First week of june 2010, in-law a did not report to office at no reason and texted in-law b that she will resign, but did not submit resignation letter. Middle of june, employer had a meeting with all the staff, in-law b showed serious misconduct that insulted her employer in front of other employees. It was real unacceptable behavior. Employer then talked to in-law b to better leave the company at soonest possible time if she is not happy working with us. But then she cried and cried and ask sorry. Another chance was granted. January 2011, brother in-law left at the office 12noon and never came back, just like that as if nothing happen. Employer asked for an explanation letter so he could come back to work but still nothing. Weeks, months never showed up. Until employer consider him out of the company without resignation letter again. From then on in-law b character and behavior at work is getting unusual to the point that it is not acceptable. Or shall i say " serious misconduct; willful disobedience of employer’s lawful orders connected with work ". Employer adviced her to resign. At first she acted so bad. Employer wanted to give her 2 months notice so she can find another job but she started deleting files on her working computer. Employer then ask her to tender her resignation right away on the same day, but in-law b said she will not tender resignation. Employer ask to return the mobile phones and others that is owned by the company but she refused to return. 2 days after, she texted that employer should give 2months separation fee to her and went back to the office, submitted her resignation and other company belongings.

Is she entitled for a separation fee or not?

To add also, we do not have an employment contract as we are a small company with less than 5 employees. We only have verbal agreement.

Please help.

Your ideas will be very much appreciated. Thank you.

[poche]

as law says, companies are not obliged to pay separation pay..this is in case to case basis.

1. company is closing down because of financial problem of the company, filed bankruptcy but with no proper closure with the employees, employees have right to file legal case against the company asking for separation pay even if no contract signed for separation pay..

2. Voluntary resignation of the employees and no contract stating separation pay/yr of service..no separation pay.

3. termination from work absolutely dont have separation pay.

4. A signed contract(stating that the employee will have the separation pay/yr of service).. Clauses on the contract between the company and the employee maybe considered in this sense. CIP: valid reason of the resignation of the employees, win-win solution between both parties...companies dont like to be in the losing end for sure.

5. others that may seemed legal..