Resigning from Employment

1. Introduction

It is the choice of the employee whether or not he wants to sever ties with his employer. However, it is important to know the reasons for the same. This guide will explain the different causes for resignation by the employee.

2. Resignation with Just Cause

Under the Labor Code, an employee may resign from their employment without notice if the resignation is for any of the following reasons:

Serious insult by the employer or his authorized representative on the employee's person and honor;
Inhuman and unbearable treatment by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the employee's person or any of the immediate family members; and
Other analogous causes.

3. Resignation without Just Cause

If the employee will resign for causes other than those listed above, then it will be considered as a resignation without just cause. In a resignation without just cause, the employee will have to give a notice of their resignation to the employer. A notice of resignation should be in a written document that is given to the employer informing them of the employee's intent to resign from their employment.

Failure to give a notice of resignation may make the employee liable for damages to the employer. This means that the employer could sue the employee for an amount of money in payment for any consequence caused by the resignation without notice.

3.1 Check the Company Rules and Regulations

Some employers require a period for giving a notice of resignation. In this case, the employee should have agreed to the period when they signed their employment contract. The period could be found in the employment contract, the employer's rules and regulations or policies, or any document that was made known to the employee. It is important that an employee check if the company has any requirement for giving the notice of resignation and to comply with the said period to avoid any breach of their contract with the employer.

3.2 One-Month Notice

If, upon checking the employer's rules and regulations or policies, the employee finds that the employer does not require a specific period for giving a notice of resignation, the Labor Code requires that the employee should give a notice of resignation at least one month before the date of resignation.

3.3 Notice of Resignation

There is no legal requirement as to the format of the notice of resignation. However, it is important that the same is a written document. It is important to include the date when the employee will give the letter (the "notice date") and the date of effectivity (the "last day") of the resignation in order to show compliance with the notice period.

The period between the notice date and the last day should be at least the period required for giving a notice. For example, if the notice date is June 15 and the notice period is 30 days, then the last day should be July 15.