Letter to the Lawyer

Dear Attorney,

I hope this letter finds you well. I am writing to seek clarification regarding the computation of a 30-day notice period in employment resignation as provided under Philippine labor law. Specifically, my concern is whether weekends and rest days are included in the counting of the 30-day notice. This issue has been a matter of uncertainty, and I would greatly appreciate your guidance on the matter.

Thank you for your time and assistance.

Sincerely,
A Concerned Employee

A Comprehensive Legal Discussion on the Inclusion of Weekends and Rest Days in the 30-Day Notice Period

The 30-day notice requirement for resignation in the Philippines is governed by Article 300 (formerly Article 285) of the Labor Code of the Philippines and other pertinent rules issued by the Department of Labor and Employment (DOLE). This article explores the intricacies of the 30-day notice period, addressing whether weekends and rest days are included and providing a thorough analysis of the implications for both employees and employers.

1. Legal Basis for the 30-Day Notice Period

The obligation to provide a 30-day notice upon resignation is established under Article 300 of the Labor Code, which states:

"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. The employer upon whom no such notice was served may hold the employee liable for damages."

The primary purpose of this provision is to give the employer adequate time to find a replacement or make necessary adjustments to ensure operational continuity.

Additionally, DOLE Advisory No. 01-2020 emphasizes the importance of the notice period in maintaining fairness and ensuring mutual respect between the employee and the employer during the cessation of employment.

2. Computation of the 30-Day Notice Period

The Labor Code does not explicitly address whether the 30-day notice period excludes weekends, rest days, or holidays. However, based on prevailing interpretations and jurisprudence, the 30 days is generally counted as calendar days, unless otherwise stipulated in a company policy, employment contract, or collective bargaining agreement (CBA).

Key Points:

Calendar Days Basis: Calendar days include all days of the week—weekdays, weekends, and holidays. This means that the computation of the notice period begins on the day after the resignation notice is received by the employer and continues uninterrupted for 30 consecutive days.
Contractual Exceptions: If the employment contract or company policy explicitly states that only business days are counted, then weekends, rest days, and holidays may be excluded. This contractual stipulation takes precedence over the default calendar day computation.
Force Majeure or Specific Circumstances: In exceptional cases, such as during a natural disaster or a pandemic, DOLE may issue advisories modifying the computation of notice periods.

3. Practical Implications for Employees

For employees, understanding the inclusion of weekends and rest days is crucial to planning their transition to a new role or personal endeavor. Consider the following scenarios:

Standard Resignation: An employee who submits their resignation notice on November 1 (assuming the notice is received on the same day) will have their last day of work on November 30, regardless of the number of weekends and holidays within that period.
Customary Practices: In some industries, particularly those with rotating shifts or non-standard workweeks, company practice may involve excluding non-working days. Employees should review their employment contracts or consult their HR department for clarification.

4. Practical Implications for Employers

Employers, on the other hand, must ensure compliance with labor laws to avoid disputes. Misunderstanding the computation of the notice period may lead to unnecessary conflict or potential liabilities.

Example of Non-Compliance:

If an employer insists on excluding weekends from the computation without a clear contractual basis, they may inadvertently extend the notice period and violate the employee’s right to resign within 30 calendar days.

Employers are encouraged to adopt clear policies on resignation and notice periods to minimize ambiguity. These policies should be disseminated through employee handbooks or regular HR briefings.

5. Jurisprudence and Related Case Law

While there are no Supreme Court rulings directly addressing the specific inclusion of weekends and rest days in the 30-day notice, existing cases provide guidance on related matters:

Felix vs. National Labor Relations Commission (G.R. No. 111386) emphasized that resignation must comply with the proper notice requirement but also underscored that the computation of notice periods should not be arbitrary or inconsistent with labor standards.
Mendoza vs. San Miguel Foods, Inc. (G.R. No. 187466) highlighted that employees and employers must adhere to agreed terms unless they are contrary to law, morals, or public policy.

6. Exceptions to the 30-Day Notice Requirement

There are exceptions where the employee may not be obligated to comply with the full 30-day notice:

Employer Breach: If the employer commits a substantial breach of the employment contract (e.g., non-payment of wages), the employee may resign immediately.
Health Reasons: Resignation due to health reasons supported by a medical certificate may exempt an employee from completing the notice period.
Mutual Agreement: Employers and employees may agree to a shorter or waived notice period.

7. Steps to Ensure Compliance

To avoid disputes regarding the notice period, the following steps are recommended:

For Employees:
- Submit a written resignation indicating the effective date.
- Review the employment contract and company policies.
- Retain copies of all communications with the employer.
For Employers:
- Acknowledge receipt of the resignation notice promptly.
- Clarify the computation of the notice period to the resigning employee.
- Document all agreements regarding the notice period.

8. Frequently Asked Questions

Q: Are holidays included in the 30-day notice period?
A: Yes, holidays are included in the computation of the 30-day notice unless the employment contract or company policy specifies otherwise.

Q: Can an employer refuse a resignation if the notice period is incomplete?
A: No, resignation is a unilateral right of the employee. However, the employer may hold the employee liable for damages if the incomplete notice causes operational harm.

Q: What happens if the employee does not complete the 30-day notice?
A: The employer may deduct the equivalent of the unserved notice period from the employee’s final pay or pursue legal remedies for damages, provided there is a clear basis for doing so.

Conclusion

In the absence of specific contractual stipulations or company policies, the 30-day notice period is computed based on calendar days, including weekends, rest days, and holidays. Both employees and employers must exercise due diligence in understanding and implementing the notice period to foster a smooth and lawful transition.

For more detailed advice tailored to your specific situation, consultation with a labor law expert or legal counsel is highly recommended.