Dear Attorney,
I would like to inquire about a concern regarding employment law in the Philippines. Specifically, is there any law or provision that allows or mandates a 60-day rendering period for managers? I am aware that there may be distinctions for managers or higher-level employees compared to regular employees when it comes to notice periods, but I am uncertain if 60 days is legally supported or simply a company policy.
I hope you can shed light on this matter.
Sincerely,
A Concerned Employee
Insights
The rendering or notice period for employees who wish to resign is governed by the Labor Code of the Philippines. Under Article 300 (previously Article 285) of the Labor Code, an employee is generally required to give at least one (1) month’s notice before their resignation becomes effective, unless there is a justifiable reason for immediate resignation (such as health reasons or an employer's breach of obligations).
However, the law does not specifically mention a 60-day rendering period for any employee, including managers. Any longer notice period, such as the 60-day requirement mentioned in your query, would most likely stem from a contractual agreement between the employer and the manager. This could be part of an employment contract or a company policy, which is permissible as long as it does not violate the minimum standards set by law.
In cases where a longer notice period is stipulated in the employment contract, the employee is bound by this agreement, provided that it was entered into voluntarily and without coercion. Companies often impose longer notice periods for higher-level employees, such as managers, to ensure a smooth transition and minimize disruption in business operations. This is a common practice in many companies but is not a statutory requirement under Philippine law.
If a manager fails to comply with the notice period agreed upon in the contract, they may be held liable for damages, especially if the company suffers losses due to the abrupt resignation. However, if no such provision exists in the employment contract, the employee would only be required to render the 30 days stipulated by law.
Therefore, while the Labor Code does not prescribe a mandatory 60-day rendering period, such a condition may be enforceable if it is explicitly agreed upon in the employment contract or if company policy requires it. In any case, an employee should carefully review their contract and consult with a legal expert or HR department if there are any uncertainties about their resignation obligations.