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FAQ: Resignation

Answers to frequently asked questions on resignation in the Philippines. 1. In General What is resignation? Resignation – refers to employees voluntarily and willfully exiting

Labor disputes

“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining,

Post-employment  restrictions

1. Concept “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well

Non-Compete Clause

Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is

Confidentiality or NDA

Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential matters only. ▪ Employees who

Final pay

Final pay is required to be paid within 30 calendar days from termination or separation from employment. Payment of final pay may be subjected to

Certificate of employment

Employers are obligated to issue a Certificate of Employment (COE) is required to be issued by an employer upon request by an employee or an

Clearance process

Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer.


Summary ▪ Resignation is a voluntary act on the employees wanting to terminate their employment. ▪ Employees are required to comply with the 30-day notice

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Exemplary damages

Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded, exemplary damages may be awarded as well. 1.

Legitimate labor organizations

Legitimate labor organizations refer to labor organizations that registered with the Department of Labor and Employment (DOLE). 2. Concept “Legitimate Labor Organization” – refers to any labor organization in the private sector registered

National Labor Relations Commission

Summary ▪ The National Labor Relations Commission (NLRC) has original and exclusive jurisdiction of certain labor cases. ▪ There are requirements to perfect an NLC appeal. 1. Concept The NLRC is “is a