RESIGNATION AND TURNOVER POLICY
In accordance with Article 300 of the Labor Code of the Philippines, an employee may terminate the employment relationship by serving a written notice to the Company at least thirty (30) calendar days in advance.
Mandatory 30-Day Notice Period
The 30-day "Rendering Period" is mandatory to ensure the smooth turnover of:
- Marketing assets and merchant accounts.
- Source code, project files, and administrative passwords.
- Training of a replacement or successor.
- Completion of the Company Clearance Process.
Immediate Resignation & Liquidated Damages
If an employee resigns effective immediately without a valid "Just Cause" (as defined under Art. 300*) and without a written waiver from the President, the employee shall be deemed in Breach of Contract.
- Penalty: The employee shall be liable for Liquidated Damages equivalent to one (1) month of their Gross Salary.
- Purpose: This amount serves as pre-agreed compensation for the administrative costs, operational disruption, and urgent recruitment expenses caused by the sudden vacancy.
Certificate of Employment (COE)
In line with DOLE Labor Advisory No. 06-20, the Final Pay and COE will be released within thirty (30) days from the date of the employee's separation, provided that the Clearance Process is fully completed and all company assets are returned.
Legal Note:
Just Causes for immediate resignation include serious insult by the employer, inhuman treatment, or commission of a crime against the employee.
We value your freedom to grow and move on, but we also value our business continuity. The 30-day notice is the law. If you leave us 'in the dark' by resigning today and not showing up tomorrow, you are hurting your teammates and the company. The one-month salary penalty is there to ensure everyone leaves through the front door, professionally.
SEPARATION AND LEGAL RECOURSE
The Company reserves the right to protect its assets, reputation, and intellectual property through all available legal channels. Termination of employment does not preclude the Company from seeking further justice. The Company adheres to the "Due Process" requirements of the Labor Code. Employment may be terminated based on the following grounds:
Termination for Just Cause (The "Fault" of the Employee)
Under Article 297, the Company may terminate an employee for:
- Serious Misconduct: Violation of the Code of Discipline (e.g., theft, violence, or sexual harassment).
- Gross and Habitual Neglect of Duty: (e.g., AWOL, consistent failure to sync field logs, or abandonment of work).
- Fraud or Willful Breach of Trust: (e.g., Falsification of documents, attendance tampering or data breach).
- Commission of a Crime: Against the employer or co-workers.
- Other Analogous Causes: Any act that severely violates the company's integrity.
- Note on Liquidated Damages: As stated in the Employment Contract, if termination is due to Fraud, Theft, or Data Breach, the Company reserves the right to offset Liquidated Damages (1 Month's Salary) from the Final Pay to cover investigative and recovery costs.
B. Liquidated Damages & Offsetting
As stated in the Employment Contract, if termination is due to Fraud, Theft, or Data Breach, the Company shall offset Liquidated Damages (equivalent to 1 Month's Salary) from the Final Pay to cover investigative, administrative, and recovery costs.
- Civil and Criminal Prosecution Termination is an administrative action and does not extinguish the Employee's liability. The Company maintains a Zero-Tolerance Policy for illegal acts. In cases involving theft, fraud, cybercrime, or data privacy violations, the Company will:
- Criminal Charges: File appropriate criminal complaints with the National Bureau of Investigation (NBI) or the Prosecutor’s Office (e.g., Estafa, Falsification of Documents, or violations of the Cybercrime Prevention Act).
- Civil Suits: File civil cases for the recovery of lost funds, damages, and litigation expenses. Professional Reporting: Where applicable, report the incident to relevant government agencies (e.g., NPC for data breaches) to prevent the individual from victimizing other employers.
Termination for Authorized Cause (Business Decisions)
Under Article 298, the Company may terminate employment due to:
- Redundancy or Retrenchment: (e.g., downsizing or business losses).
- Disease: If the employee’s continued work is prohibited by law or prejudicial to their health/co-workers.
- Separation Pay: In these cases, the employee is entitled to statutory separation pay as mandated by the Labor Code.