• Job resignation: Compliance with 30-day notice rule not absolute

    Persida Acosta

    Persida Acosta

    Dear PAO,
    I might resign from my private job because of a recent incident that has greatly affected me. I already informed my immediate supervisor about it but she told me that I still need to tender my resignation and render work for 30 more days from the day I submitted my formal resignation. Is this really the rule? I want my resignation to take effect immediately. Please enlighten me.

    Dear Fidel,
    There is no question that a private employee may terminate his contract of employment by means of resignation and, generally, he must serve his employer a written notice of the intended resignation at least one month in advance prior to the date of its effectivity. This is expressly provided for under Article 285 of the Labor Code of the Philippines which states that: “(a) 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. x x x” However, if the employee and employer has 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.

    It bears stressing, though, that the same provision of our law, Article 285 of the Labor Code, recognizes the right of an employee to terminate the contract of employment without the need of serving such written notice to his employer, provided that the cause or causes of such termination is or are any of the following circumstances: “(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.”

    Accordingly, if your basis for resigning from your current employment is any of the above-mentioned causes, then you are not obliged to tender your formal resignation at least one month in advance. The termination of your employment may take effect immediately in consonance with the law. If, however, your reason for resigning is other than those expressly mentioned, it is necessary for you to comply with the one-month notice rule, unless your contract of employment or collective bargaining agreement stipulates otherwise.

    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 appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

    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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