PROPER RESIGNATION IN THE PHILIPPINES
1. Can I resign for no reason at all?
Yes. There need not be any reason for your resignation, although it would be prudent to
be honest to your employer for the reasons for your resignation. Philippine jurisprudence
defined resignation as _____________________.
2. I plan to resign from my place of work, is there anything that I should do?
Yes. Under our Labor Code, it is mandated for an employee to notify the employer of his
voluntary resignation at least 30 days prior to its effectivity. However, if your employee
contract or company policy mandate for a different period, it is best to follow such
period.
3. Can I opt to avail of a much shorter period of notice?
Yes you can, as long as your employer allows it.
The 30-day notice requirement for an employee’s resignation is actually for the benefit of the
employer who has the discretion to waive such period. Its purpose is to afford the employer enough
time to hire another employee if needed and to see to it that there is proper turn-over of the tasks
which the resigning employee may be handling. As one author42 puts it,
x x x The rule requiring an employee to stay or complete the 30-day period prior to the effectivity of
his resignation becomes discretionary on the part of management as an employee who intends to
resign may be allowed a shorter period before his resignation becomes effective. (Emphasis
supplied.)
4. What can the employer do if I will not follow the 30-day prior notice rule in my
resignation?
The employer may
5. Can I resign effective immediately?
6. When can I say that my resignation is complete?
7. Can my employer reject my resignation?
8. What are the legal implications of my tender of a resignation letter?
Having submitted a resignation letter, it is then incumbent upon her to prove that the
resignation was not voluntary but was actually a case of constructive dismissal with clear,
positive, and convincing evidence.
9. Can my employer hold my last pay after my resignation?
10. Can I still be subjected to clearance procedure even though I resigned?
11. Can I still be subject of investigation even after I resigned?
12. When I expressed to my employer that I will be resigning, my employer no longer gave
me work assignments, can I sue for harassment?
No. the fact that HBV Law Firm was no longer assigning new work to Atty. Matorre after her
resignation is not an act of harassment, but is also an exercise of management prerogative.
Expecting that Atty. Matorre would no longer be working for HBV Law Firm after three to four weeks,
she was no longer given additional assignments to ensure a smooth turn-over of duties and work.
Indeed, having an employee focus on her remaining tasks and not assigning new ones to her would
be beneficial on the part of HBV Law Firm as there would in fact be less tasks to be turned over to
Atty. Matorre’s replacement. Said actuation is well within the ambit of the firm’s management
prerogative, and is certainly not an act of harassment.
13. I signed a release and quitclaim in favor of my employer which stated that I can no longer
file any case against them, may I still file a case against them?
Yes. under prevailing jurisprudence, a deed of release of quitclaim does not bar an employee from
demanding benefits to which he is legally entitled.45 Employees who received their separation pay
are not barred from contesting the legality of their dismissal, and the acceptance of such benefits
would not amount to estoppel. The basic reason for this is that such quitclaims and/or complete
releases are null and void for being contrary to public policy.
Be that as it may, not all quitclaims are invalid and against public policy. "If the agreement was
voluntarily entered into and represents a reasonable settlement, it is binding on the parties and may
not later be disowned simply because of a change of mind. It is only where there is a clear proof that
the waiver was wangled from an unsuspecting or gullible person, or the terms of settlement are
unconscionable on its face, that the law will step in to annul the questionable transaction. "46 Cases
abound where the Court gave effect to quitclaims executed by the employees when the employer is
able to prove the following requisites: (1) the employee executes a deed of quitclaim voluntarily; (2)
there is no fraud or deceit on the part of any of the parties; (3) the consideration of the quitclaim is
credible and reasonable; and (4) the contract is not contrary to law, public order, public policy,
morals or goods customs, or prejudicial to a third person with a right recognized by law.47
