END OF CONTRACT
Except
for the regular employees, there will be contract period for all employees. You
are still encouraged to prepare/notice end of contract letter at least 30 days
before the actual end date.
And,
make sure the end of contract provisions (if any) stipulated in the contract paper
are satisfied.
For
example, a seasonal employee will be dismissed on the end date regardless of
her/his performance but for a probationary employee you need to provide the
basis/assessment result why the probationary employee cannot be a regular one.
RESIGNATION
An employee may terminate without just cause the
employee-employer relationship by serving a written notice on the employer at
least one month in advance. The employer upon whom no such notice was served
may hold the employee liable for damages.
However, if the employee and employer has a written contract
of employment or there exists a collective bargaining agreement (CBA) between
them that stipulates a period less than one month, then the written notice of resignation
may be submitted in such agreed period.
Labor Code, recognizes the right of an employee to terminate
the contract of employment without the need of serving such written notice to
his employer, provided that the cause or causes of such termination is or are
any of the following circumstances:
1. Serious insult by the employer or his
representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the
employee by the employer or his representative;
3. Commission of a crime or offense by the
employer or his representative against the person of the employee or any of the
immediate members of his family; and
4. Other causes analogous to any of the
foregoing;
TERMINATION
It
will be discussed in a different article.