Can your employer force you to stay on your job beyond the turnover period?
Do you have to wait for a replacement before they let you go?
Resigning employees face this dilemma sometimes when their employer tells them not to leave their job until a replacement is found. But is that your responsibility?
This is exactly what Rubelyn G. faced when she asked:
"Atty, I resigned from my work. I also completed my 30 day turnover period. However, my employer is saying that I can't go until a replacement for my position is hired. Can I already leave my work without my replacement? They told me that I should stay for 2 months, is it acceptable?"
If you're wondering the same thing, stick around as we tackle this question.
But before that, we would like to give a shoutout to one of our followers, Maila, who says:
"Wow! You guys are so amazing! You always know and say exactly what I need to know as a Human Resource. I am really happy that I found this page. Thank you so much. May God always bless you."
Spoiler alert Maila. The reason why we seem to know exactly what you need is that the show is based on questions from followers like you. So if you want to submit a question, just go to our website and click the submit topic button!
Now, let's get on with the show.
This episode is brought to you by our free Legal Guide to writing Resignation Letters. It's a free online workshop that gives you a template for writing legally compliant resignation letters and teaches you the reasons for each part. It also gives you a template that you can use.
We'll help you resign properly, enroll for free at info.legalguide.ph/resignationletter to get your free template and orientation today.
Welcome to Legal Guide Philippines where we simplify the law to help you make better choices. I'm Atty. Ramirez and I'm with my partner, Atty. Erwin Zagala.
So today, we're talking about whether your employer can force you to stay until a replacement is found.
What can you learn about resigning employees who are staying beyond the turnover period?
- 1. Resignation
- 2. Can an employer force his employee to stay in a job?
- 3. What period can my employer force me to stay?
- 4. Is this fixed?
- 5. Payment of Final Pay
For most of you, this video was more than enough, and if it makes your life easier then you're welcome. But there are those of you who will watch this video and end up asking more questions such as “Attorney how do I write my resignation letter? What needs to be included?”
If that's you then I invite you to check out our free "Legal Guide to writing Resignation Letters".
It's a free online workshop that gives you a template for writing legally compliant resignation letters and teaches you the reasons for each part. Enroll for free at info.legalguide.ph/resignationletter to get your free template and orientation today.
To add to that, people say that our show seems to read what's in your mind and answers them. Well, that's because we base our show on submitted questions from our viewers. Please tell us what you want us to talk about by going to www.legalguide.ph and click the Submit topic button.
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One last thing... the law is fair. It balances the employer's right to protect the business, but it also protects the employee's right to choose. If ever a replacement isn't available when your turnover period is up, I advise that both employers and employees sit down and talk it out. Most probably, a solution will reveal itself once you talk.
So wasn't that simple? Now go make better choices.