Resignation Procedures and Employer Obligations in the Philippines

Simplified Query: Is it legal for an employer in the Philippines to require an employee to submit a new 30-day notice of resignation after initially retracting and then reaffirming their intention to resign?

In the Philippines, the process of resignation is governed by the Labor Code, which stipulates that an employee who wishes to terminate their employment must give a written notice to the employer at least 30 days in advance. This notice period is designed to give the employer adequate time to find a replacement, thereby minimizing disruption to the business.

Once an employee submits their resignation with a 30-day notice, any retraction of this resignation must also be accepted by the employer. If the employer has accepted the retraction, and the employee later decides to continue with their resignation, the original notice period is typically considered still valid as long as the resignation date falls within or immediately after the original 30-day notice period.

However, if an employee retracts their resignation and the employer accepts this retraction but then the employee decides to resign again, the question arises whether a new 30-day notice is required. Legally, if the date of the new resignation falls outside the original notice period, the employee should submit a new 30-day notice to ensure compliance with legal requirements and to avoid potential penalties or legal disputes.

The requirement for a new notice is not just a bureaucratic step; it serves a practical purpose in allowing the employer sufficient time to manage the transition caused by the employee's departure. This requirement can be enforced by the employer if the employee’s final resignation date does not coincide with the timeline originally stipulated in the first resignation notice.

In summary, if an employee in the Philippines resigns, retracts their resignation with the consent of their employer, and then decides to resign again, they may be required to submit a new 30-day notice if the new resignation date extends beyond the period covered by the original notice. This is both a legal and practical requirement to ensure that the employer can adequately prepare for the employee's departure.