Dear Attorney,

I have a question about resignation in my workplace. After working for almost a month, I submitted an immediate resignation. However, my employer insists that I need to render a 30-day notice period. Am I obligated to comply with their demand, or can I proceed with my immediate resignation without facing legal consequences? What are the possible repercussions if I go AWOL?

Sincerely,
Confused Employee

Insights

Under Philippine labor law, resignation can be categorized into two types: voluntary resignation with notice and resignation without notice. The general rule is that employees are required to give a 30-day notice period to their employer before the resignation becomes effective, as provided by Article 300 of the Labor Code of the Philippines (formerly Article 285). This notice allows the employer sufficient time to find a replacement and ensures a proper turnover of responsibilities.

However, there are exceptions to this rule where an employee can resign immediately, without serving the 30-day notice period, under specific circumstances. These include:

Serious insult by the employer or their representative on the employee’s honor and person;
Inhumane and unbearable treatment by the employer;
Commission of a crime or offense against the employee by the employer or their representative;
Any other cause analogous to the above.

If the resignation does not fall under any of these exceptions and an employee decides to leave without giving proper notice, the employer may file a case for damages under civil law. The employee could be held liable for any inconvenience or losses incurred by the company due to their failure to comply with the required notice period. In most cases, the potential claims for damages can arise from disruption of operations or costs associated with hiring and training a replacement.

An employee who goes AWOL (Absent Without Official Leave) may also face consequences, including:

Disqualification from receiving certain benefits, such as separation pay (if applicable);
A negative impact on future employment, as being AWOL is often seen as unprofessional and may be noted in background checks;
Possible withholding of final pay or clearance, although employers must comply with existing labor standards, ensuring employees still receive what is due to them for services already rendered.

In conclusion, while employees have the right to resign, following the proper 30-day notice period is crucial unless valid grounds for immediate resignation exist. For any issues that arise regarding your resignation, it is best to seek legal advice or consult with the Department of Labor and Employment (DOLE) to ensure that your rights are protected.