Tag - Graceful exit

Directing Employee to Resign than to Face Termination

An employee may have committed serious offense within the company thus, the employer decides to save the employee from incurring bad record and asks the employee to resign instead of being terminated. As a rule, resignation should be voluntary pursuant to paragraph a, Article 300 of the Labor Code, as amended. However, there are instances when different circumstances arise surrounding resignation. These are the resignation due to severe abuses, inhumane treatment, etc. as set forth in paragraph b of Article 300. [...]

Graceful Exit where the Employee Under Investigation Submits Resignation Before the Decision or Before the Holding of Hearing/Conference

Graceful exit means giving an employee a chance to leave the company without bad record (e.g. termination is considered bad record). Most companies are stumped on a decision when the employee suddenly resigns pending administrative investigation. One question to resolve is should the company issue a Notice of Decision separate from acceptance of resignation or these two should be contained in the same document? There is no hard-and-fast rule. But guided by the technicality (interplay of law, rules, and regulations on [...]

GRACEFUL EXIT: RULES APPLICABLE AND HOW TO LEGALLY ADDRESS THE ISSUE

Graceful exit is a way by which some employers waive the full extent of their disciplinary policy by allowing the employee facing a live threat of termination to tender resignation instead of facing administrative investigation and eventual sanctions for the irregularities. Verily, employer’s decision to give the employee a graceful exit rather than to file an action for redress is perfectly within its discretion as it is not uncommon that an employee is permitted to resign to avoid the humiliation [...]

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