Dear PAO,

Is the 30-day notice rule in cases of resignation mandatory? Are there cases when a person can resign effective immediately without being liable for damages?

Marcella

Dear Marcella,

Please be informed of Article 300 of the Labor Code of the Philippines, which states that:

“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.”

As provided under the aforementioned provision, the general rule is that an employee may resign without just cause by serving a written notice to the employer at least one month in advance, otherwise he/she may be held liable for damages that may be caused to his/her employer.

However, the employee may do away with the 30-day notice rule if the severance of the employer-employee relationship is due to a just cause. Under the same provision, the just causes include situations when the employer or his/her representative committed a serious insult or inflicted inhuman or unbearable treatment against the employee, or when the employer or his/her representative committed a crime against the employee or his/her immediate family members, or by any other cause analogous to it. In such cases, the employee will not be held liable for damages even if he/she deemed his/her notice of resignation to be effective immediately.

We hope that we were able to answer your queries. This advice is 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 on.

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]