Is it illegal dismissal if an employer asks an employee to leave early despite the employee having already submitted a resignation letter?
In the Philippines, resignation and the associated legal obligations of both employers and employees are governed by the Labor Code and relevant jurisprudence. When an employee resigns, they typically provide a notice period, often 30 days, to allow the employer to prepare for their departure and ensure a smooth transition. However, situations may arise where an employer asks the resigning employee to leave before the end of the notice period.
The key question is whether this constitutes illegal dismissal.
Resignation vs. Dismissal
Resignation is a voluntary act on the part of the employee, whereas dismissal is a termination of employment initiated by the employer. When an employee submits a resignation letter and the employer decides to let them go before the end of the notice period, this action does not automatically equate to illegal dismissal.
The employer has the discretion to waive the notice period, effectively allowing or requiring the employee to leave immediately. This act is not considered illegal dismissal as long as the employer pays the employee for the remainder of the notice period. The payment of wages equivalent to the notice period compensates the employee for the time they would have worked had they completed the notice period.
Legal Precedents and Employer Obligations
Jurisprudence in the Philippines affirms that the employer’s decision to release an employee from the obligation of the notice period is lawful, provided that the employer compensates the employee accordingly. The rationale is that the employer is simply exercising the right to waive the employee’s services during the notice period while fulfilling the financial obligations arising from the employment contract.
If the employer does not pay the wages for the notice period after requesting the employee to leave early, this could potentially be viewed as a violation of the employee's rights, though not necessarily as illegal dismissal. The employee could then have grounds to file a complaint for underpayment of wages or breach of contract, rather than illegal dismissal.
Conclusion
In summary, when an employer asks an employee to leave before the end of the resignation notice period, it does not constitute illegal dismissal as long as the employer compensates the employee for the remainder of the notice period. Employees should be aware of their rights to ensure they receive proper compensation in such situations, while employers must adhere to their legal obligations to avoid potential legal disputes.