Retraction

Dear Atty. Vlad,

I have been with a manufacturing company in Lingunan, Valenzuela City for more than 15 years. However, since I found a better paying job in another company, I decided to resign effective immediately but my manager refused to accept my resignation. Subsequently, 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 because it became effective already. Was my Manager correct? Please help me.

Gregory

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Dear Gregory,

From what you shared to me, you retracted your resignation within 30 days from the time you submitted it. In addition, your manager has not accepted your resignation letter at the time you retracted your resignation letter.

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.’”

In the above-cited Decision, 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 did not accept your resignation, you can still retract or withdraw your resignation. In this regard, he was not correct regarding his position.

I hope that I was able to help you based on the facts you stated.

Atty. Vlad del Rosario