Resignation Without Notice Due to Emergency
I left the company in Dubai for an emergency reason, resigning without notice on August 6, 2017. I sent an email to HR stating that I would be on emergency leave for around a week to arrange important documents in the Philippines, as my contract was expiring on August 27 for renewal. However, due to the emergency situation, I decided not to return for contract renewal. I sent a resignation email on August 15 citing the emergency reason.
Company's Response and Notice Period Requirement
The company responded that a 45-day notice period was required from my side for resignation. I was asked to hand over files, documents, and my laptop to HR. I had already turned over all my responsibilities to my sister in Dubai, except for the 45-day notice period, as I was in the Philippines. A week later, I inquired about my pending salary for August 2017, as the company typically pays on the 15th of the month, and asked for my final settlement.
HR's Rejection of Resignation and Withholding of Dues
In response, HR stated that my resignation was not acceptable. They mentioned that they would withhold my dues, terminate the process, and pointed out that I didn't even submit my passport for cancellation despite the visa expiry. They claimed I was asserting my rights without considering the company's rights. I informed them of my decision not to return due to the emergency situation. I had submitted a resignation letter, returned company property, and provided my contact information. As of now, I have not received my dues or final settlement.
Please advise on how to proceed in this matter. Thank you.
From Philippines, Cainta
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I left the company in Dubai for an emergency reason, resigning without notice on August 6, 2017. I sent an email to HR stating that I would be on emergency leave for around a week to arrange important documents in the Philippines, as my contract was expiring on August 27 for renewal. However, due to the emergency situation, I decided not to return for contract renewal. I sent a resignation email on August 15 citing the emergency reason.
Company's Response and Notice Period Requirement
The company responded that a 45-day notice period was required from my side for resignation. I was asked to hand over files, documents, and my laptop to HR. I had already turned over all my responsibilities to my sister in Dubai, except for the 45-day notice period, as I was in the Philippines. A week later, I inquired about my pending salary for August 2017, as the company typically pays on the 15th of the month, and asked for my final settlement.
HR's Rejection of Resignation and Withholding of Dues
In response, HR stated that my resignation was not acceptable. They mentioned that they would withhold my dues, terminate the process, and pointed out that I didn't even submit my passport for cancellation despite the visa expiry. They claimed I was asserting my rights without considering the company's rights. I informed them of my decision not to return due to the emergency situation. I had submitted a resignation letter, returned company property, and provided my contact information. As of now, I have not received my dues or final settlement.
Please advise on how to proceed in this matter. Thank you.
From Philippines, Cainta
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Hi Rave, I guess you had your answers already. It's a company policy. Let me put you in their shoes...
You own a company, and you hired an employee. You gave that employee the opportunity to take leave because you understand the situation he/she is in since it's an emergency. Then, that employee does not return. As per your policy, there should be a 30-day notice, but that employee did not provide it. Okay, let's say he/she returned all the company property but was not able to properly hand over the previous jobs to any person or replacement. Now, would you say it is fair to pay the remaining dues/settlements when, in fact, there was no proper out-processing? In other companies, if notice is not provided by the employee, that employee has to pay in lieu of that notice period. Set aside the word "fairness"; you just need to follow the policy.
Just to explain further, a notice of 30 days or more is for HR to properly hand over the work to another person until the new replacement comes. It gives HR the proper time and ways so that any jobs due won't be difficult for the company. There should be a formal out-processing: return of company property, exit interviews, proper handover of work, final dues/settlements, employment certificate, and no objection certificate.
Now, what would be the consequences if you haven't done the proper out-processing? No final settlements, no employment certificate. Worse, you may need to pay back that notice period as compensation to the company.
The only solution is to come back and do a proper out-processing. Put something on your resume/CV that you can be proud of. Some companies call your previous employer to know about you and how you did well during your exit.
Always remember, in any job that you do, treat it as your own company—take ownership and always do a formal exit. In the future, you wouldn't know when you might decide to come back. If you had a proper exit, they might ask you to return. Lastly, proper resignation is not done through emails. Even when we say that we keep the communications open, we still need to be professional. The interview is normally done face-to-face; the resignation or any type of separation should be the same.
Best of luck, Kabayan!
From Bangladesh, Dhaka
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30You own a company, and you hired an employee. You gave that employee the opportunity to take leave because you understand the situation he/she is in since it's an emergency. Then, that employee does not return. As per your policy, there should be a 30-day notice, but that employee did not provide it. Okay, let's say he/she returned all the company property but was not able to properly hand over the previous jobs to any person or replacement. Now, would you say it is fair to pay the remaining dues/settlements when, in fact, there was no proper out-processing? In other companies, if notice is not provided by the employee, that employee has to pay in lieu of that notice period. Set aside the word "fairness"; you just need to follow the policy.
Just to explain further, a notice of 30 days or more is for HR to properly hand over the work to another person until the new replacement comes. It gives HR the proper time and ways so that any jobs due won't be difficult for the company. There should be a formal out-processing: return of company property, exit interviews, proper handover of work, final dues/settlements, employment certificate, and no objection certificate.
Now, what would be the consequences if you haven't done the proper out-processing? No final settlements, no employment certificate. Worse, you may need to pay back that notice period as compensation to the company.
The only solution is to come back and do a proper out-processing. Put something on your resume/CV that you can be proud of. Some companies call your previous employer to know about you and how you did well during your exit.
Always remember, in any job that you do, treat it as your own company—take ownership and always do a formal exit. In the future, you wouldn't know when you might decide to come back. If you had a proper exit, they might ask you to return. Lastly, proper resignation is not done through emails. Even when we say that we keep the communications open, we still need to be professional. The interview is normally done face-to-face; the resignation or any type of separation should be the same.
Best of luck, Kabayan!
From Bangladesh, Dhaka
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