Legal Question in Employment Law in Philippines

I tendered my resignation last June 2012. My boss received it but refused to sign stating difficulty of hiring a replacement as a reason.

- They have given me a copy of a letter stating their demands, without its

completion my clearance and final pay will not be released.I am not in

total agreement but according to the HR Manager, she is not asking me to confirm but to just receive the letter so I did. She signed (received) my letter of resignation at this time.

- I want to leave without conflict so I started working on some of thier demands (at home). I only can devote some of weekend time for this since I have full time job now.

- However, they want faster delivery and they are demanding that I go to their office which I am not very comfortable doing.

- I have received a text that they will go through my current employer, e-mails saying that I did not go through proper exit interview, that I am causing the company money and they will take appropriate action, etc.

This time, I am really afraid.I am afraid of disruption in my life or maybe loss of employment which is my only source of income. That is why I am writing you this letter.Do they really have a case against me? My understanding is that letter of resignation must be tendered at least 30 days before date of resignation which I did. Can they really demand me to do tasks after my resignation, can they compel me to report? Do I need a lawyer?

I need advice please. And I will appreciate an immediate response.


Asked on 11/17/12, 2:45 pm

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

What your employer is doing is an obvious blackmail. This is a form of other light threat and not lawful. Write them a letter that you will resort to legal action with the threat they made. Demand for the release of your last pay as you already resigned in the company. They cannot compel you to work as this will amount to involuntary servitude.

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Answered on 11/17/12, 6:35 pm


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