Immediate resignation

Dear Atty. Joji,

One of our employees has submitted her resignation which we initially accepted. However, she is now requesting an immediate resignation without honoring the mandatory 30-day notice period. Given that we still need to find a suitable replacement for her position, granting her immediate resignation would have a detrimental impact on our operations. Is she legally entitled to have her resignation take effect immediately?

Aldimar

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Dear Aldimar,

While it is the right of employees to resign, the rule requiring an employee to stay or complete the 30-day period prior to the effectivity of his resignation becomes discretionary on the part of management as an employee who intends to resign may be allowed a shorter period before his resignation becomes effective.

Article 300[285] of the Labor Code provides:

“(a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.”

While the law requires the employee to give his notice to the employer at least one month in advance, there are also circumstances which would warrant the immediate resignation of an employee. As provided further in the above-mentioned Article:

“(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.”

The Supreme Court further held in the case of Hechanova Bugay Vilchez Lawyers v. Matorre, G.R. No. 198261, 16 October 2013: “The 30-day notice requirement for an employee’s resignation is actually for the benefit of the employer who has the discretion to waive such period. Its purpose is to afford the employer enough time to hire another employee if needed and to see to it that there is proper turn-over of the tasks which the resigning employee may be handling. x x x The rule requiring an employee to stay or complete the 30-day period prior to the effectivity of his resignation becomes discretionary on the part of management as an employee who intends to resign may be allowed a shorter period before his resignation becomes effective.”

Hope this helps.

Atty. Joji Alonso