Janina Writes Here: November 2014

I started writing this post from a dormitory in BF Homes Parañaque, where I spent three days harassing my larynx with voice projection and modulation techniques and fattening my mind with language stuff. I'm currently unemployed. I left my job as Head IELTS Coordinator (which also means I no longer write the posts on that company's blog). Needless to say, I feel bad, and I feel that I have been treated unfairly by the people I have served - yes, served! - passionately. But what the hell, shit happens, and the best thing to do is to move on when it does.

My last day was October 31st but I've been trying to look for a job since the second week of last month. This 3-day speech training is in preparation for a possible job.

Losing or leaving a job can really cause one to be emotional wreck, especially if unplanned and one really doesn't know what on earth to do next. I'm honestly toeing the line of depression as I am writing this. I have grown ugly and fat (stress eating) and I feel useless. But I want to look at the brighter side of things. Despite the lack of sunshine and the excessive sleeping and all the other indication that I have turned to Little Miss Gloomy,I still think there are lessons to be learned from what I have experienced.

1. It is important to know the law.

The law basically outlines your responsibilities and rights as an employee. being familiar with what the law states about cutting ties with the company protects your employer as much as it protects you. here are some. Do you have to be a lawyer to protect yourself? I don't think so (but it does come in handy to have free legal advice, so let's all try and make friends in the right places). It's enough that you know where to look.

Here are some questions I was able to answer while researching for my rights as an employee.

Must I give advance notice when resigning?

Yes. What the law requires is that the employee submits a written heads up to the employer - aka the resignation letter. This should be done a month before the employee leaves. This is is to give employers enogh time to find a replacement. Failure to render a 30-day notice allows the employer the right to charge the employee for liabilities.

Are there instances that I can resign without giving notice?

Yes. According to Article 285 of the Labor Law, employees can terminate their employment (aka resign) without notice (aka immediate resignation) if there is just cause.

Serious insult by the employer or his representative on the honor and person of the employee;

Inhuman and unbearable treatment accorded the employee by the employer or his representative;

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

Other causes analogous to any of the foregoing.

I resigned. Do I get separation pay?

Nope. If you resigned, your employer is not compelled to give you separation pay. Separation pay is only mandatory for those who are terminated.

When is termination illegal?

The first reason why termination can be considered illegal is when the employer follows due process but there is no just or authorized cause for termination. Below are the identified just and authorized causes as stipulated by the labor law.

Just Cause

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

Gross and habitual neglect by the employee of his duties;

Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

Other causes analogous to the foregoing

Authorized Cause:a. Closure of establishmentb. Disease as grounds for termination

The other scenario in which termination is illegal is when due process is not observed at all.

I tell you, read the Labor Law. It's damn long, but it has a lot of good stuff.

2. Turn bad vibes into opportunities.

I resigned due to just cause, and despite feeling somewhat better after I left the company I used to work for, there was still the feeling of unhappiness. After all, I'm 26 years old, not untalented and unintelligent, and I gave so much time and effort to the company I worked for, but I was money-less and workless. It sucked. To summarize, I felt like shit.

I don't anymore. The negative feelings associated with leaving a company, especially in circumstances that are less than ideal, are normal. It doesn't mean you have to succumb to it.

The first few days of my worklessness (yup, I made that one up), I slept. When I was working, I always felt tired and I woke up at weird hours, like 3AM (apparently this was a sign of too much stress). I though worklessness would be a great time to catch up on snoozing, to dream the bad vibes away. After a couple of days, I seriously combed Jobstreet for work. This time around, I didn't settle.

You know what? Possibilities are endless - call center jobs which paid big money to training jobs that gave opportunities to travel and help people.

There are always bigger and better things waiting out there, and if I didn't leave my job - my comfort zone - and took the risk, I wouldn't have had first-hand experience on these possibilities. I wouldn't have been able to prove that I am capable of achieving bigger and better things (despite my bravado, I'm not a hundred percent confident about my skills, because most of the things I know are self-learned).

One very nice experience was a training I attended for a job as a speech trainer. It was a three-day camp and I was scared out of my wits because it was my first time. Although my performance was far from perfect, I learned quite a lot and I'm excited to share what I know to my future students.

I also had time to spend with my precious people - my family and friends who I rarely ever see because I was too busy with work (on top of that, I'm a total hermit when I'm at home).

Picture by my ever-supportive, clingy best friend who will probably still love me even if I become zombified.

negativity may be the primary thing that comes from leaving a job or getting terminated, but there will always be something good to come from it. Take the experience as an opportunity instead.

3. Carefully consider which job you will say "Yes" too.

Getting a job is like love - hopefully it's forever. There will be really great offers. Call Centers, for instance, can offer as as much as 25K for someone who has no experience. This is a pretty nice amount, especially if this is just the basic. Here's what's to consider:

a. Job security. How stable is the company? Is the turn over high? Trust me, if a company's turn over is high, then that's a red flag right there. Are you entering a job that you will have for a long time, and not just a few months?

b. Daily expenses + Deductions. Okay, so the offer you got was 25K. If you'll be spending, say 200 bucks per day just on commute, then that's PHP4,000 each month. Let's put food at about PHP75 per day. My trusty calculator says you'll spend PHP1,500 for nourishment. That's PHP5,500 per month for daily expenses. Not bad. You still have a whopping PHP19,500.

From that amount, deduct SSS, Pag-ibig, and PhilHealth AND 30% tax. Remember that salaries may be high but that means deductions are high too.

c. Personal and professional growth. A job shouldn't just be a source of income, but an opportunity to make yourself better. Does the job offer include benefits that would help you become a better professional?

4. Sometimes it is important to cut flimsy ties to build stronger ones.

You make friends, and then you make friends. Some people are really just out to use you - your talents, your brains - for their gains, and when they're done, they'll discard you. This was how i felt when i left my job - used, especially by people who I considered friends and mentors. But really, to move forward means to move on. Some people are not worth the emotional turmoil. That energy is better spent on people who matter.