Employer won't accept resignation, demanding that I finish projects outside my duties

manpreet Best Answer 2 years ago

Question: What are the things that I could do if my current employer does not accept my resignation, simply because he wants me to finish the job which I don't think is really my job?

Background: Before I decided to resign to this company we (me and my employer) had a good relationship. As time went by my job description as an associate software engineer becomes dimmer and dimmer to the point that even editing of documents, troubleshooting, fixing network issues becomes my duty also.

That is okay, I've managed to do those things for a while, but after a short time, my boss wants me to handle the implementation of ERP to this corporate company. This is the duty that I cannot accept because it cost more than a millions worth, and how can it be that I (associate software engineer) am expected to handle this thing alone? He even stated that 'if there are problems during implementation, it is only you that should be blamed for them'. I've also been unhappy at work, because I don't want this kind of job, and most of all I applied to this company with the intention of learning more regarding website development.

Due to those reasons I came up to the conclusion that I really need to leave this company, but as soon as I passed my resignation letter he suddenly becomes angry at me, and warns me that it is I that should handle the ERP. He will never allow me to leave this company without the ERP being implemented. In my resignation letter I indicated all the reasons why I want to leave the company in a gracious and very careful way, I also included my one-month notice of leave there. I would like to emphasize that I never signed any contract on this company, actually I am almost 8 months here, I have the ID that is the same on the regular employees , but unfortunately I didn't enjoy the benefits of being a regular employee (increase salary, leaves, signing of contract, etc.). The probationary period here should be only 6 months (Article. 281) .

So far here is the list of the things that I've done:

1. Ask advice to the HR manager, this concluded in her being the one to talk to my boss regarding this matter.
2. Ask the ex-employees who experienced the same thing before, and their answer is that this is the culture in this company. That's the reason why they left.

So far, this are all the information that I can give to you. Thanks!

Update as of September 18, 2014

So far most of the answers states that I need to consult a legal or something like that. And yes, I consult someone, and they really proved that I am in the right position. It is based on the code of laborof our DOLE (Department of Labor and Employment).

Now that I know that I am in the right position, what should I do? Also, I don't want any troubles. I just want to leave the company.

manpreet 2 years ago

You've added the "Philippines" tag. While I don't know the specific laws of that country, I'm pretty sure indentured servitude is illegal there. You obviously have a toxic manager if he becomes angry when you mention resignation. Simply find another job and give the customary amount of notice (2 weeks here in the US). Don't let this person get to you, they are yelling because of their own issues, not yours. You've clearly got good reasons for leaving, so future employers shouldn't hold this against you.

EDIT:

To respond to the additional request for references, the document you pointed out says in article 285:

An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

So one month is apparently the standard notice in the Philippines. There are other criteria by which you could provide less notice, but if you can hold out a month it would be the least contentious route.