Dear Attorney,

I would like to inquire about the legality of requiring a manager to render a 60-day notice period upon resignation. Is there any law in the Philippines that mandates a 60-day rendering period for managerial positions? Your insights will be very much appreciated.

Sincerely,
Concerned Employee

Insights

Under Philippine labor law, there is no explicit statute that mandates a 60-day rendering period specifically for managers. However, the Labor Code of the Philippines, particularly Article 300 (formerly Article 285), states that an employee who desires to terminate their employment must serve a notice to the employer at least 30 days in advance. This period is designed to allow the employer to find a replacement or make necessary adjustments before the employee departs.

The 60-day rendering period for a managerial position might stem from a specific contractual agreement or company policy rather than from a legal requirement. Many companies implement longer notice periods for managerial roles due to the critical nature of their responsibilities. This allows the company more time to ensure a smooth transition. Therefore, if a 60-day rendering period is part of the employee's employment contract, it may be legally enforceable.

It is important to note that any such provision should not be overly burdensome to the employee and must be mutually agreed upon. If the employee fails to comply with the rendering period stipulated in the contract without a valid reason, the employer may have grounds to claim damages. Conversely, if the employee can demonstrate that the period is unreasonable or that immediate resignation is justified (e.g., due to health reasons or workplace abuse), the employee may be exempt from fulfilling the notice requirement.

Employees are advised to review their employment contract thoroughly and seek legal advice if they believe that the required notice period is excessive or if it was imposed unilaterally by the employer without prior agreement.