Dear PAO, 

I am currently working for X Company and I am planning to resign. I wanted to have my employment terminated immediately, but my co-worker insists that I should give a 30-day notice in advance to my employer because it is required by our company for the smooth turnover of work and to avoid disruption of operations. I have my personal reasons and I think they are justifiable. Are there any instances wherein an employee may terminate his or her employment without the need to give a 30-day notice? 

Janica 

Dear Janica,  In general, the employer has the right to terminate the employer-employee relationship for just or authorized cause. However, the Labor Code, in recognition of the equality of the parties in such a relationship, grants an employee an even broader right to terminate the employment relationship with his or her employer – any time, with or without just cause.

There is a strong constitutional basis for allowing employees to resign. Section 18 (2) of Article III of the 1987 Philippine Constitution, expressly prohibits involuntary servitude, viz.: “Section 18. xxx (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.” Furthermore, Article 300 of the Labor Code provides for the termination of employment by the employee: “ARTICLE 300. [285] Termination by Employee. — (a) 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. The employer upon whom no such notice was served may hold the employee liable for damages.

“(b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: “1. Serious insult by the employer or his representative on the honor and person of the employee; 2. Inhuman and unbearable treatment accorded the employee by the employer or his representative; 3. 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 4. Other causes analogous to any of the foregoing.” (Emphasis ours) 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 that the resigning employee is handling.

As such, while an employee may resign at any time and for whatever cause, he or she must still observe the 3-day notice requirement. Otherwise, the resigning employee may incur civil obligations. Nonetheless, if the reason for the resignation is based on any of the just causes described and enumerated in Article 300 (b) of the Labor Code, an employee is allowed to put an end to the employment relationship without need of serving any notice on the employer.

Thus, with regard to your situation, a resignation made effective “immediately”’ or short of the 30-day period violates the law and may subject the resigning employee to an obligation to pay damages, if there exists no just cause to warrant the immediate termination of employment. However, if your reason for terminating your employment falls under any of the causes enumerated in Article 300(b) of the Labor Code, then the 30-day notice rule will no longer apply to your situation.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for  Chief Acosta may be sent to [email protected]