Letigio: Resigning? ‘Threats’ from employers are against the law

Letigio: Resigning? ‘Threats’ from employers are against the law

One of the typical problems young professionals face as they rise in their careers is maintaining a good relationship with previous employers upon leaving the company.

It has always been the norm to leave with grace when a professional moves from one company to another for whatever reason, may it be better compensation, geographical move, or strategic upward mobility.

One of my friends is leaving her office job in a private company in Cebu City and her last day would be in the first week of April.

The supervisor told my friend that in order for the final clearance to be signed, my friend would have to complete a certain set of deliverables.

This situation is natural as of course, employers will try to maximize the remaining days of an employee within the company.

However, on my friend’s last week, she was dumped with even more work than originally agreed upon with the “threat” that her clearance won’t be signed if these deliverables will not be completed.

My friend, who was planning to leave with grace, is now thinking of going AWOL over her current employer. After all, she is already hired by another company.

I don’t understand why this supervisor insists for my friend to serve more workload upon her eventual dismissal.

When a professional leaves a company, it is understood that the person no longer wants to contribute for the growth of the company.

Dumping workload on someone who is about to leave is just a confirmation that the company is an undesirable workplace. This is especially true for rank and file positions.

An increase of workload upon resignation may be a little acceptable for management and executive positions since there needs to be a turnover period for responsibilities. But for rank and file employees, this should not be the case.

Under Article 116 of the Labor Code of the Philippines, “Withholding of wages and kickbacks are prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent.”

Furthermore, Article 1706 of the Labor Code states that “Withholding of the wages, except for a debt due, shall not be made by the employer.”

Although I am not a legal practitioner, I believe it is not right for a supervisor to withhold the wages of an outgoing employee simply due to an unfinished work.

People should not be punished for leaving a company, especially if they are properly following company policy on termination of contracts.

As for my friend, I advised her not to go AWOL and be firm with her supervisor that this additional workload is no longer achievable for her remaining days.

If the supervisor insists, I told my friend to raise the concern to the human resource office immediately.

And if the company refuses to listen to her, then perhaps the Department of Labor and Employment (Dole) can make them.


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