FAQ: Resignation

FAQ: Resignation

Answers to frequently asked questions on resignation in the Philippines. 1. In General What is resignation? Resignation – refers to employees voluntarily and willfully exiting from employment after finding themselves in a situation that they have to severe their employment as personal reasons outweighs the demands of the work that they were doing. Legal definition:…

Labor disputes

Labor disputes

“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 1. Concept “Labor dispute” – includes any…

Non-Compete Agreements

Non-Compete Agreements

Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is a contractual stipulation whereby one party is prohibited from competing against the other contracting party in a similar activity for a certain period. A non-compete clause is valid as a…

Confidentiality or Non-Disclosure Agreements

Confidentiality or Non-Disclosure Agreements

Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential matters only. ▪ Employees who violate their NDA may be liable for damages. 1. Concept a. Non-disclosure agreement A confidentiality or non-disclosure agreement (henceforth, “NDA”) is an agreement whereby one party reveals confidential information to…

Final pay

Final pay

Final pay is required to be paid within 30 calendar days from termination or separation from employment. Payment of final pay may be subjected to clearance process. 1. Concept Final pay, last pay, or back pay, all of which refer to the same thing as “the sum or totality of all the wages or monetary…

Clearance process

Clearance process

Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer. 1. Concept Clearance process is a requirement imposed by the management on an employee to settle all debts and obligations, including return of Company properties or documents, to be cleared…

Resignation

Resignation

Summary ▪ Resignation is a voluntary act on the employees wanting to terminate their employment. ▪ Employees are required to comply with the 30-day notice and service. ▪ The 30-day notice and service may not be necessary under certain situations. ▪ There are circumstances when a resignation notice and the 30-day render is not required….