Resignation Letter

What is a Resignation Letter?

A Resignation Letter is used when an employee wants to leave their current employment for reasons such as career advancement, health, and other personal reasons, or the employee may include no reason at all.

As a matter of respect, courtesy, and legality, the employee must give the employer a written notice, such as a Resignation Letter, at least one month before the date of resignation. It also serves as proof of notice of the date of resignation and may help in the transition.

Is it mandatory to have a Resignation Letter?

As a general rule, the employee who resigned must give a written resignation letter to his employer if he wants to resign, otherwise, the employee may be liable for damages to the employer. This is because leaving without any notice to the employer may cause damage to the business of the employer. Under the law, a resignation letter is not mandatory in the following cases (meaning the employee can resign without a written resignation letter):

• If there is a serious insult by the employer or his authorized representative to the employee's person and honor.
• If there is inhuman and unbearable treatment by the employer or his representative.
• If there is a commission of a crime or offense by the employer or his representative against the employee's person or any of the immediate family members.
• Other similar causes.

What must a Resignation Letter contain?

A Resignation Letter contains the following information:

• The details of the employee who wishes to resign,
• The date when the letter will be sent,
• The date when the resignation starts,
• The details of the employer, and
• The details of the resignation, which may include the reason.

What are the prerequisites of a Resignation Letter?

The employee should check the company handbook or employment contract, if there is one, to see if there is a requirement as to the notice period or the person to whom the Resignation Letter should be addressed. If there is no company handbook, employment contract, or notice period requirement, the one-month legal notice period applies, which means that the employee has to send this letter at least one month before the actual termination date.

A Resignation Letter can be addressed to the employee's manager, to be forwarded or copy-furnished to the Human Resources Department, or the Human Resource Manager.

Who is involved in a Resignation Letter?

The employee who will resign is the one who will send a Resignation Letter to the employer. He must affix his signature thereon to signify that he wants to resign.

What has to be done once the Resignation Letter is ready?

If it will be sent via registered mail, at least two original copies should be printed. Both original copies of the letter should be signed by the sender (the employee resigning), one original copy should be kept by the sender and the other should be sent to the recipient (the employer or his representative i.e. Manager or HR Manager) by registered mail. After sending, the registry receipt or mail receipt in relation to the mailing of the second original copy must be kept by the sender.

If it will be sent via email, the sender must send an email attaching one scanned copy of the letter that is duly signed by the sender or one digital copy that is electronically signed by the sender. An email is a recommended way of sending this letter as the letter is sent instantly and it will enable the parties to keep their records in a convenient manner.

What are the costs involved in the finalization of a Resignation Letter?

Costs for sending the Resignation Letter may depend on the method used by the employee in sending the letter. Email and instant messaging are the most cost-efficient ways of sending a letter as they are generally free, whereas costs for registered mail or courier will be dependent on the distance between the residence of the employee and the employer.

Which laws apply to a Resignation Letter?

The labor laws in the Philippines are governed by the Labor Code of the Philippines ("The Labor Code"). There is no legal requirement as to the format of a Resignation Letter, however, Article 300 of the Labor Code provides that "an employee may terminate without just cause the employer-employee 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."

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