Dear Atty. Vlad,

I have been with a manufacturing company in Biñan City, Laguna for more than 10 years. However, since I found a better paying job in Cavite, two weeks ago, I decided to resign effective immediately. My employer, however, did not accept my resignation. Last week, I learned that that the company where I intend to transfer, was destroyed by fire, causing it to close. Within 30 days from the time I tendered my resignation letter, I retracted it. However, even with such retraction, my manager told me that I can no longer retract it. Was my manager correct? Please help me.

Estella

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Dear Estella,

From what you shared to me, you retracted your resignation because the company where you are supposed to transfer, was destroyed by fire and had closed. In addition, you retracted your resignation letter before it was accepted by your manager.

In the case of BMG Records (Phils.) Inc. and Jose Yap Jr., vs Aida C. Aparecio and National Labor Relations Commission G.R. No. 153290, 5 September 2007, the Court, citing its earlier ruling in the case of Intertrod Maritime Inc. vs NLRC, (G.R. No. 81087, 19 June 1991, 198 SCRA 318) stated:

“x x x 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 x x x 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.’”

Further, in the case of John Roger Niño S. Vergara vs Anz Global Services and Operations, Manila Inc., G.R. No. 250205, 17 February 2021, the Supreme Court stated:

“In labor cases, “the quantum of proof necessary is substantial evidence, or such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” The Court finds that petitioner had established by substantial evidence the fact he asserts, i.e., that he had validly retracted his resignation prior to its effective date. As for respondent, it failed to sufficiently rebut, through competent and relevant evidence, the claims and evidence presented by petitioner.

In the above-cited Decisions, once an employer accepts an employee’s resignation, the employee can no longer withdraw or retract it unless his employer would agree to such retraction or withdrawal. In your case, since your manager has not yet accepted your resignation, pursuant to the above-cited cases, you may still withdraw your resignation. In this regard, he was wrong when he refused to accept your retraction. I hope that I was able to help you based on the facts you stated.

Atty. Vlad del Rosario