• Resigning from the job on the side of prudence

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    Persida Acosta

    Persida Acosta

    Dear PAO,
    I am thinking about resigning from my job as an accounting staff. Is it alright for me to indicate that my resignation will take effect immediately or do I have to wait for a certain number of days? Please advice.
    Kevyn

    Dear Kevyn,
    An employee may terminate his employment by means of resignation. Nevertheless, it is essential for him to tender his resignation in the manner stipulated under his contract of employment or that which is provided for under company policies. If the contract of employment is silent on the matter, or the same is not provided for under the company policies, the procedures stated under our Labor Code must be complied with.

    Accordingly, it will be prudent on your part to observe the process of resignation as stipulated in your contract of employment or your company policies. Even if you tender your letter of resignation and state that the termination of your employment will take effect immediately, it will not hold water unless your employer accepts the same. Please bear in mind that you are bound by the terms, conditions and stipulations of your contract.

    If the contract of employment or the company policies, however, fail to provide for the specific manner by which you can tender your resignation, you must serve a written notice to your employer at least one (1) month prior to the date of effectivity of your resignation, unless there is a just cause for your resignation, in which case a written notice to your employer is no longer necessary. This is in consonance with Article 285 of the Labor Code of the Philippines that explicitly states that:

    “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.”

    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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