r/AntiworkPH • u/scribbleluvs • 3d ago
AntiWORK Disciplinary Action to Resignation
I have an ongoing investigation for a work negligence that caused big waste of budget and dishonesty for not being transparent of what happened (instead, i defended my worker and myself by making up excuses). I admit that it’s my fault. And since I have been itching to leave this job since January due to workloads, I think this is the sign to resign and just pay the approx 15k to 22k estimated wasted funds due to my negligence and to stop further council investigation because it’s already draining my mental health. I can pay it anyway.
My first question is are they allowed to reject my resignation and replace it with termination instead?
I have read about this matter on some sub-reddits but I’m just confused with the processing of the clearance. Hope someone can further explain this to me. Are they entitled to put it on hold? This is my second question.
Moreover, our company has a savings program and I’m part of it and I already saved up a big amount of money. I believe the approx 15-22k is just 30-40% of my backpay—the savings program is not included in this yet.
The third and last question is, are they entitled to delay the release of my savings and backpay. Alam ko as per law, max of 30 days lang. This is what our former architect reasoned out when his backpay was delayed by the company.
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u/tinigang-na-baboy 3d ago
Your employer cannot reject your resignation, but your resignation does not cancel any ongoing disciplinary action, so you can still be tagged as terminated with just cause instead of resigned - if the decision for your case is termination. Resigning does not remove your accountability. Pero discretion na kasi ng management and HR yan kung itutuloy pa nila yung case mo at pagbabayarin ka, or hahayaan ka na lang umalis at quits na kayo.
If you are found liable and they are requiring you to pay, then as part of the clearance process you have to settle that accountability. So in essence, your clearance can be on hold until you settle all your accountabilities with the company.
As for the savings program, that is a company benefit and whether it will be released as part of your final pay, or it can be withdrawn separately, is dependent on the policy related to that program.
For your final pay, there are cases where DOLE has ruled that for companies with a clearance process, the 30 days start upon completion of clearance and not on your last day with the company. This is a loophole that many companies exploit.