Resignation is the act of severing the employment relationship initiated by the employee and recognized in the Labor Code of the Philippines.
Defining Resignation
What is Resignation?
Is Resignation included in the provisions of Presidential Decree No. 442 also known as the Labor Code of the Philippines? The term “Resignation” is present in the Labor Code of the Philippines in the form of “Termination by Employee”.
ART. 300. [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.
Article 300 [285] of the renumbered Labor Code of the Philippine regarding Termination by Employee
How long is the rendering period of a resignation?
The notice period of 30 days
Can an Employer refuse to accept my resignation?
No, an employer cannot refuse to acceptance of resignation of an employee.
Can I be forced to work by my employer?
No, involuntary servitude or being forced to work against your will is not allowed by law According to Article III of the Bill of Rights of the
No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shallhave been duly convicted.
As stated in Section 3 (2) of Article III of the 1987 Constitution of the Philippines
Am I entitled to Separation Pay if I resigned from work?
No, an employee who voluntarily resigned from their job is not entitled for Separation Pay. A severance package may be given by the employer based on their company policy or Collective Bargaining Agreement (CBA).
Am I entitled to Final Pay if I resigned from work?
Yes, an employee who has resigned from their work is entitled to Final Pay.
Should I resign when I am on Floating Status?
No, an employee who voluntarily resigned from their job is not entitled for Separation Pay. A severance package may be given by the employer based on their company policy or Collective Bargaining Agreement (CBA).