Query: Is it legal for employers to require probationary employees to pay the company before they can resign in the Philippines?

In the Philippines, the legality of requiring probationary employees to make a payment to the company before resigning touches on the principles of labor rights and contractual obligations under Philippine labor laws. According to the Labor Code of the Philippines, the practice of requiring employees to pay their employer in order to resign, often referred to as "resignation fees," is generally considered illegal.

Protections Under the Labor Code

Voluntary Resignation: The Labor Code allows employees, including those who are probationary, to terminate their employment voluntarily by submitting a written notice, typically 30 days in advance. This notice period is meant to give the employer enough time to find a replacement, thereby minimizing disruptions to the operations of the business.
No Fees for Resignation: Charging a fee for the resignation of an employee is not supported by any provision in the Philippine Labor Code. Employees are entitled to leave their job without having to pay their employer. Any clause in an employment contract requiring a payment for resignation may be deemed contrary to public policy and thus invalid.
Illegal Deductions: Employers are restricted from making any wage deductions that are not authorized by law or by the employee for insurance, union dues, or other similar purposes. Deductions for the purpose of resignation are not legally permissible.

Exceptions and Considerations

Training Costs: In certain cases, employers invest in specialized training for employees under conditions that such training costs may be recoverable if the employee resigns within a certain period. Such agreements must be made clearly and voluntarily as part of the employment contract. Even so, the enforceability of such clauses can be subject to scrutiny, especially if they appear to be unreasonable or coercive.
Department of Labor and Employment (DOLE): Employees who feel that their rights are being violated can seek advice and assistance from DOLE. This agency provides guidance and can intervene in cases where employment practices are found to be unfair or illegal.

Conclusion

It is important for both employers and employees in the Philippines to understand their legal rights and obligations. Employers should ensure that their employment contracts and practices comply with the Labor Code to avoid legal disputes. Employees, on the other hand, should be aware that they cannot be legally required to pay to resign from their positions, including during probationary periods. Those faced with such demands can seek legal recourse through the proper channels.