Dear Atty. Vlad,

I have been with an information technology company for six years. However, since I found a better-paying job in another company, I decided to resign. My manager doesn't want me to resign but because I was insistent, he accepted it. However, after six months, I was informed that I did not pass the probationary phase of employment. Since I have no work, I returned to my former employer and retracted my resignation there. However, even with such a retraction, my manager told me that I cannot retract my resignation because it became effective already. Is he correct?

Marvin

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Dear Marvin,

While you tried salvaging your previous work because you did not pass the probationary phase of employment in the new company where you transferred to, from what you shared with me, your resignation has already become effective in your previous employment after it was accepted by your former manager.

In the case of BMG Records (Phils.) Inc. and Jose Yap, Jr., vs Aida C. Aparecio and National Labor Relations Commission G.R. 153290, 5 September 2007, the Supreme Court, citing its earlier ruling in the case of Intertrod Maritime Inc. vs NLRC, (G.R. 81087, 19 June 1991, 198 SCRA 318) stated:

"As held in Intertrod Maritime Inc. v. NLRC: 'Once an employee resigns and his resignation is accepted, he no longer has any right to the job. If the employee later changes his mind, he must ask for approval of the withdrawal of his resignation from his employer, as if he were re-applying for the job. It will then be up to the employer to determine whether or not his service would be continued.

If the employer accepts said withdrawal, the employee retains his job. If the employer does not, the employee cannot claim illegal dismissal for the employer has the right to determine who his employees will be. To say that an employee who has resigned is illegally dismissed is to encroach upon the right of employers to hire persons who will be of service to them.'"

By applying the above-cited ruling in your case, since your previous employer has already accepted your resignation, you can no longer retract it. The right to grant or not your retraction or to still accept you as an employee depends on your former employer. If he will be compassionate, then you should be thankful. On the other hand, if he will not be that tolerable, then you cannot force it upon him since the power to hire falls within an employer's inherent management prerogative.