I am an employee of a private company here in Bulacan. I have been absent for two months because of skin disease (“pigsa”). I neglected to file my sick leave but I have already informed my immediate supervisor regarding this matter. I just want to know if I have violated any labor laws aside from being AWOL. Can I still file my formal resignation?
Every employee is expected to perform his or her tasks and responsibilities to the best of his or her abilities. If an employee neglects to perform what is incumbent upon him or her, his or her employer may impose appropriate sanctions, taking into consideration the provisions of their contract of employment as well as pertinent labor laws, rules and regulations.
In the situation that you have presented before us, it is without any doubt that you failed to perform your responsibility as an employee of the company because you neglected to formally notify your employer of your absence. While you may have experienced some physical difficulties brought about by your skin disease, we want to stress that such cir-cumstance is not an excuse to disregard your obligation.
As a consequence of your inaction, your employer has a legal ground to terminate your services. As provided under Article 282 of the Labor Code of the Philippines, “An employer may terminate an employment for any of the following causes: x x x (b) Gross and habitual neglect by the employee of his duties; x x x”
Suppose your employer has not yet notified you of their desire to terminate your services, you may still file your formal written resignation. This is in consonance with Article 285, Labor Code of the Philippines: “(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. x x x” Should you desire for your resignation to take effect earlier than the aforesaid one-month period, both you and your employer must expressly agree thereto.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appre-ciation of the same. Our opi-nion may vary when other facts are changed or elaborated.