- Resignation is a voluntary act on the employees wanting to terminate their employment.
- Employees are required to comply with the 30-day notice and service.
- The 30-day notice and service may not be necessary under certain situations.
- The employer’s acceptance of the resignation is required.
- Employer’s acceptance finalizes the resignation.
“Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment.” (Pascua v. Bank Wise Inc., G.R. No. 191460, 31 January 2018)
3. 30-day notice and service
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. (Article 300 [a], Labor Code)
a. No specific format to notice
There is no specific format to the written notice. After the date of the document, mention of the immediate supervisor or the human resources department (depending on Company Policies), the body may simply indicate:
“I hereby tender my formal resignation effective 30-days after or on [indicate: last day].”
Then, the notice should be signed by the employee.
b. Damages if 30-day notice not complied
The employer upon whom no such notice was served may hold the employee liable for damages. (Article 300 [a], Labor Code)
The employer may file an action for damages before regular courts (MTC/RTC), and not with the National Labor Relations Commission (NLRC).
c. When 30-day notice not required
An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
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. (Article 300 [b], Labor Code)
d. Shortening of 30 days to render: employer’s option
“The 30-day notice requirement for an employee’s resignation is actually for the benefit of the employer who has the discretion to waive such period. Its purpose is to afford the employer enough time to hire another employee if needed and to see to it that there is proper turn-over of the tasks which the resigning employee may be handling.” (Hechanova Bugay Vilchez Lawyers, Hechanova & Co., Inc. v. Matorre, G.R. No. 198261, 16 October 2013)
e. Longer period for notice and service
The employer and the employee may stipulate in the employment contract to a longer period than 30 days (e.g. 60 day, etc.) if the position is highly technical resulting in a difficulty in hiring a replacement.
4. Acceptance by employer
“Acceptance of a resignation tendered by an employee is necessary to make the resignation effective.” (Shie Jie Corporation v. NLRC, Francisco, G.R. No. 153148, 15 July 2005)
NB: This should be read in relation to involuntary servitude under Article 1703 of the Civil Code, which reads: “No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.”
a. Acceptance finalizes resignation, withdrawal up to employer
“Once an employee resigns and his resignation is accepted, he no longer has any right to the job. If the employee later changes his mind, he must ask for approval of the withdrawal of his resignation from his employer, as if he were re-applying for the job. It will then be up to the employer to determine whether or not his service would be continued. If the employer accepts said withdrawal, the employee retains his job.” (Intertrod Maritime, Inc. v. NLRC, G.R. No. 81087, 19 June 1991)
5. No separation pay
Resigning employees are not entitled to separation pay, which is due only for authorized cause separation.
6. Employment contract, company policies, CBA
The above discussions may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.
- P.D. 442, a.k.a. Labor Code
- Jurisprudence or Supreme Court Decisions (as cited above)
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