Office insult

Dear Atty. Chris,

For the past months, I've been experiencing different kinds of insults from my officemates. My supervisor makes unnecessary comments whenever I pass by. Then he body shames me in front our other co-workers and since he is a supervisor, no one calls his attention because they need their jobs.

Can I resign without the 30-day notice? I really can't take it any longer and it's taking a toll on my mental health.

I really need your help. Thank you!

Catherine Mia

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Dear Mia,

According to Article 285 (a), Labor Code of the Philippines, an employee may, without just cause, put an end to his employment relationship with his employer by serving a written notice at least one month in advance. He may be held liable for damages if he fails to comply with the given period for tendering his resignation.

An employee, however, may terminate such employee-employer relationship without the need of serving any notice on the employer if it is based on 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 285 (b), Id.)

In your situation, you may resign without the need of awaiting the 30-day period, provided that you can fully explain and/or demonstrate the seriousness or gravity of the demeanor of your supervisor toward you, particularly the specific insults and unnecessary remarks he has made against you, the frequency thereof, the place or particular instances where these were made and the like. This is essential if only to protect you, should your employer later on hold you liable for damages on the assertion that your resignation did not comply with the one-month notice rule.

Hope this helps.

Atty. Chris Liquigan