Dear Atty. Duran-Schulze,
Hi, I would like to ask about the date of effectivity of a resignation. Is it on the date cited in the employee’s notice or at the time the resignation was accepted by the company? Also, can a company deny resignation? Thank you.
Answer:
Dear JB,
According to Article 300 [285] of the Labor Code, “An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance.” If no 30-day notice was given to the employer, the employee may be held liable for damages.
On the other hand, notice is not required if termination is due to any of the following just causes:
- Serious insult by the employer or his representative on the honor and person of the employee;
- Inhuman and unbearable treatment accorded the employee by the employer or his representative;
- 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
- Other causes analogous to any of the foregoing.
The Court in Hechanova Bugay Vilchez Lawyers v. Matorre (G.R. No. 198261) ruled that “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 turnover of the tasks which the resigning employee may be handling.”
The date when resignation takes effect is upon the acceptance of resignation by the employer. The Court in Reyes v. Court of Appeals (G.R. No. 154448) ruled that the “acceptance of a resignation tendered by an employee is necessary to make the resignation effective.” However, this ruling must be read in line with Article III, Section 18 (2) of the Constitution, which prohibits involuntary servitude in any form. This means that an employer cannot force an employee to work against their will, and the employer MUST accept an employee’s resignation, as long as the latter has complied with the 30-day notice requirement.
In writing your resignation letter, you must state your effective date of resignation, or the date when you want your 30-day notice period to begin. Moreover, make sure you submit your written letter of resignation to the proper persons, such as your immediate supervisor and the company’s HR officer.
We hope we are able to answer your query. Please be informed that the foregoing legal opinion is based solely on the facts that you have provided us and our appreciation of the same. In case you need further assistance, Duran & Duran-Schulze Law is ready to assist you. Call us at 632-8478-5826 or send an email to info@duranschulze.com. You can also send your message to us here. Thank you.
