I’VE BEEN receiving phone calls from a client regarding his resignation from his job. He is now confused with the situation.
He already informed his employer about his resignation. However, he was told that he needed to submit a resignation letter to the Human Resource office and render work for 30 more days from the day of the submission of his formal resignation.
Now, he is asking if there is really such a rule about this. In his case, he wants his resignation to take effect immediately.
For the benefit and information of all, I am writing this column article.
Of course, every employee has the right to terminate his employment contract by means of resignation. He may do so by submitting to his employer a written notice with the intent to resign. He should do this a month in advance prior to the date of its effectivity.
This is expressly provided under the Labor Code of the Philippines. It provides that “an employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.”
However, this comes with an exemption. If the employee and employer have a written contract of employment or there exists a collective bargaining agreement (CBA) between them that stipulates a period less than one month, then the written notice of resignation may be submitted in such agreed period.
The law also provides that the right of an employee to terminate the employment contract without submitting a resignation letter may be done in the following instances:
(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
(4) Other causes analogous to any of the foregoing
Now, we may conclude that if the resignation is based on the above-mentioned cases, then the employee is not obliged to submit a formal resignation letter at least a month in advance. The termination may take effect immediately. This is in accordance with what the law provides.
On the other hand, if the reason is other than those mentioned, it is necessary for the employee to comply with the one-month notice rule. By way of exception, countercheck your employment contract or collective bargaining agreement.
Every employee has different stories to tell. It may change or elaborated. Thus, it is advisable to seek legal advice to make your resignation easier, faster and legal.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
