30-day notice a must for resignation letter to be accepted by employer

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Persida Acosta

Persida Acosta

Dear PAO,
I work in a call center company and I am planning to resign because of personal matters. I already tried to submit my letter of resignation but my superior did not accept it as I was told to tender it 30 days in advance. Can you please enlighten me if there is really no way for my resignation to be effective immediately? Does the company have the right to refuse my resignation?
Maria

Dear Maria,
An employee who desires to quit his/her job may do so without cause, provided that notice is given to his/her employer at least 30 days prior to the intended date of its effectivity. This is explicitly provided by the Labor Code of the Philippines, to wit:

“Art. 285. Termination by employee.

a. 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.


b. 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.”

It is clear from the above-cited law that an employee may terminate his/her employment without just cause as long as he/she apprises his/her employer in advance. The purpose of the required advance notice mentioned in the law is to inform the employer of the impending resignation and to give him/her enough time to look for a replacement. This is to protect him/her from incurring damages that may arise from work interruption as a result of the resignation of his/her employee.

The Supreme Court in the case of Intertrod Maritime Inc. vs NLRC (G.R. No. 81087, 198 SCRA 318, June 19, 1991) explained the matter in this wise:

“Resignation is the voluntary act of an employee who ‘finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service, then he has no other choice but to disassociate himself from his employment.’  The employer has no control over resignations and so, the notification requirement was devised in order to ensure that no disruption of work would be involved by reason of the resignation. This practice has been recognized because ‘every business enterprise endeavors to increase its profits by adopting a device or means designed towards that goal.’”

In your situation, if you intend to quit your job, all you have to do is to inform your employer that you are terminating your employment but you must observe the thirty (30) day period as mentioned above.  Also, your resignation does not depend upon the approval of your employer for it to take effect.

On the other hand, it shall take effect immediately if it is made because of any of the just causes, which are enumerated above.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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2 Comments

  1. Dear Atty,

    Nagresign po ako sa trabaho ko. And its effectivity is on August 31 2015. Then this day nagcut off yung payroll namin. Kc hinold na nila yung last na cut off ng salary ko. Cut off date is 08/03/15-08/18/15. Tinanong ko how bout yung days na pinapasukan ko pa from 08/19/15-08/31/15 if babayaran pa ba yun? Ang sagot po sakin ng HR payroll hndi na daw po ot na lang from that dates. Tama po ba yun? Thank you po.

  2. Michelle Reyes on

    Dear Atty,

    I would like to ask what will be case if the reason of resignation is none of those enumerated above.