Can my company can force me not to file resignation?

[rehpot]

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I'm now currently with one of call center in makati I'm a regular employee and now my current account with them has to right size so they had to transfer some of them agent to another account and I'm the one of their agent that has to transfer to another account and when the HR orient us about their account transfer program they told me that we can't file resignation and if we file for resignation they will considered it as termination. We didn't sign any papers regarding this agreement. Is this legal under our law? Can My company force me not to file resignation?

[Tirong-say]

Kung wala na sa agreement illegal gyud na siya,
unya maorag wala pud na sa balaod.

Official Website of the Department of Labor and Employment

[saitohkiyohiru]

This thread should be in the career discussion forum.

[jaguar05]

Better ask your preferred legal consultant....

[umehime00]

dude, visit this site Labor Code of the Philippines (Art. 282-286: Termination) - Musings on Business, Culture, Government, Law, Technology, Travel, the Philippines and others - The Council
sir patrick can advice you regarding this stuff.

[tokidoki]

they can't terminate you without just cause. plain and simple.

[dodongisputing]

They force you not to resign? Dili na pwede. If you want to resign, do it. Pero wala na kay trabaho and dili ka entitled to separation pay. No one can be forced to remain in a job. That is involuntary servitude and is prohibited under our constitution.

Now, if ang imong pangutana pwede ba ka pugson mu-resign dili sad na pwede. That would be constructive dismissal and is prohibited by the labor code.

Paki-clarify lang imong question kay honestly, mejo way klaro gyud. Bisayaa nalang if maglisod ka ug write ug English.

I hope I answered your questions. If you have further questions or if lahi imong pasabot, hala ask lang I'll try my best to help.

Love,
Atty. Isputing

[Klave]

That sounded like a threat to me.

An illegal threat, it lacks any valid ground, no one is "not allowed to resign".

Even bonds, allows you to resign, but with a price

[council]

I'm now currently with one of call center in makati I'm a regular employee and now my current account with them has to right size so they had to transfer some of them agent to another account and I'm the one of their agent that has to transfer to another account and when the HR orient us about their account transfer program they told me that we can't file resignation and if we file for resignation they will considered it as termination. We didn't sign any papers regarding this agreement. Is this legal under our law? Can My company force me not to file resignation?

Of course you can file your resignation - though impractical at this time if you don't have a new employer to transfer to right away.

The company can force you, however, to render a certain number of days, subject to the terms and conditions of your contract (or the 30-day notice rule of the Labor Code, whichever is to your advantage).

If you resign and the company tags you as terminated, go file a complaint for constructive dismissal at the nearest DOLE/NLRC office.