Answers to frequently asked questions on resignation in the Philippines.
1. In General
What is resignation?
Resignation – refers to employees voluntarily and willfully exiting from employment after finding themselves in a situation that they have to severe their employment as personal reasons outweighs the demands of the work that they were doing.
Legal definition: Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. (Pascua v. Bank Wise Inc., G.R. No. 191460, 31 January 2018)
How is resignation properly done?
To properly resign:
1) The employees must tender or submit a written resignation letter/notice to the employer at least thirty (30) days prior to the intended last day of work.
• The thirty (30) days is the default advance notice period stated in the Labor Code.
• For technical or hard-to-find-roles, as well as senior management positions, the employer and the employees may have stipulated in the employment contract a longer notice and render period (e.g. 40 days, 60 days, etc.). If this is the case, then such a stipulation will govern following the principles on contract stipulation, particularly the principle on autonomy. (Caveat: Stipulating a longer notice period is not always valid. There are requirements that have to be met in order for such to be v...
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