Dear Attorney,

I am employed with a company and due to a recent health issue, I am wondering if it is legally possible to file for an immediate resignation. Can an employee do this, and if so, are there specific procedures or considerations that I should be aware of when resigning under these circumstances?

Sincerely,
Concerned Employee

Insights

Under Philippine labor law, the general rule is that employees are required to give a 30-day notice to their employers when resigning from their job, as stated in Article 300 (formerly Article 285) of the Labor Code of the Philippines. This period is meant to provide the employer with enough time to find a replacement or adjust business operations accordingly.

However, there are exceptions to this rule, which permit an employee to resign immediately, without serving the required notice period. One of these exceptions is when the resignation is due to a health condition. Under this scenario, the employee is legally allowed to terminate the employment contract without prior notice, in accordance with Article 300, if continuing employment will be injurious to their health or life.

It is important to note that the employee must be able to provide valid evidence, such as a medical certificate or report from a licensed physician, proving that their health condition requires immediate resignation. This helps ensure that the resignation is based on legitimate grounds and protects the employee from any potential legal disputes with the employer regarding abandonment of work.

Employers are required to respect the immediate resignation in such cases. Any refusal to accept the resignation or any action that penalizes the employee could be grounds for a labor complaint. Should disputes arise, the employee has the right to seek remedy through the Department of Labor and Employment (DOLE) or file a complaint with the National Labor Relations Commission (NLRC).

In summary, immediate resignation due to health issues is permitted under Philippine labor law, provided that the resignation is substantiated by medical evidence.