Probationary Employee Resignation Notice Period in the Philippines

Query: Under probationary status for 3 months, can I resign with a 2-week notice or must I render 30 days?

Legal Framework for Probationary Employment

In the Philippines, probationary employment is a period during which an employer assesses a new hire's performance and suitability for a permanent position. The Labor Code of the Philippines (Presidential Decree No. 442) provides guidelines for probationary employment, including the terms and conditions of resignation and termination.

Notice Period for Resignation

The standard notice period for resignations in the Philippines is generally governed by Article 285 of the Labor Code. This article requires employees to give a one-month (30 days) advance notice before the intended date of resignation. This rule applies to both regular and probationary employees unless a shorter notice period is stipulated in the employment contract or company policy.

1. Article 285 of the Labor Code:

   • "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."

2. Probationary Employment:

   • There are no specific provisions in the Labor Code that differentiate the notice period requirements between regular and probationary employees. Therefore, the same 30-day notice period generally applies.

Exceptions to the 30-Day Notice Period

While the 30-day notice is the standard, there are certain circumstances under which an employee may be allowed to resign with a shorter notice period:

1. Contractual Agreement:

   • If the employment contract or company policy specifies a shorter notice period for probationary employees, this contractual agreement will prevail over the general rule.

2. Employer's Consent:

   • An employer may agree to accept a shorter notice period. This consent should be documented in writing to avoid any potential disputes.

3. Just Causes for Immediate Resignation:

   • Article 285 also provides that an employee may resign without serving the required notice period if there are just causes, such as:
     • Serious insult by the employer or his representative on the honor and person of the employee;
     • Inhuman and unbearable treatment accorded the employee by the employer or his representative;
     • 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;
     • Other causes analogous to any of the foregoing.

Consequences of Not Serving the Required Notice Period

Failing to comply with the required notice period without the employer's consent or a justified reason may lead to potential consequences, such as:

1. Loss of Benefits:

   • The employee may forfeit any benefits that are contingent upon proper resignation notice, such as unpaid salaries, separation pay, or other end-of-employment benefits.

2. Legal Action:

   • The employer may seek damages for any losses incurred due to the abrupt resignation.

Practical Advice

Employees under probationary status should:

1. Review Employment Contracts:

   • Check the terms and conditions stated in the employment contract regarding the notice period for resignation.

2. Communicate with the Employer:

   • Discuss the possibility of a shorter notice period with the employer and obtain written consent if agreed upon.

3. Document Everything:

   • Keep records of all communications and agreements related to the resignation notice period to avoid future disputes.

In conclusion, while the standard notice period for resigning employees, including probationary ones, is 30 days, there can be exceptions based on contractual terms, employer consent, and justified causes for immediate resignation. Always ensure to follow the proper legal and contractual procedures to avoid potential issues.