Dear Attorney,

I hope this letter finds you well. I am writing to seek your professional advice regarding a matter that has arisen following my resignation from my current role as an HR Specialist. I had been employed for 22 days when I decided to resign effective immediately due to several issues in the workplace that I found untenable. These issues include witnessing abusive behavior from the HR Head towards a colleague and being subjected to an unfair working schedule, requiring work from Monday to Sunday without overtime pay. Additionally, I learned that my immediate supervisor, who had been with the company for only two months, was terminated for alleged poor performance.

Upon my resignation, the HR Head threatened to file a case against me with the National Bureau of Investigation (NBI) and lodge a complaint with the Professional Regulation Commission (PRC), claiming that I have professional obligations as a licensed psychometrician.

I would appreciate your legal opinion on the following matters:

The legality of the working conditions and my resignation.
The implications of the HR Head’s threats, particularly regarding any potential liabilities I may have.
My rights and options moving forward.

Thank you for your guidance on this matter. I am looking forward to your assistance in addressing this issue.

Sincerely,
A Concerned Employee

Legal Analysis and Discussion

I. Employment Rights and Working Conditions in the Philippines

The Philippine labor law, under the Labor Code of the Philippines, establishes clear standards for the protection of workers’ rights, including but not limited to working hours, overtime pay, and workplace treatment. Here’s a detailed breakdown of relevant legal provisions:

Working Hours and Overtime Pay
- Under Article 83 of the Labor Code, the normal work hours in a day are set at eight hours. Any hours worked beyond this are considered overtime and must be compensated at an additional rate as specified in Article 87.
- Article 91 mandates one rest day per week. Working for seven consecutive days without rest or additional compensation violates labor standards.
- The Department of Labor and Employment (DOLE) is the enforcing body that ensures compliance with these laws. You may file a complaint with DOLE for violations of these provisions.
Verbal Abuse in the Workplace
- Acts of verbal abuse or any conduct that humiliates or demeans employees are potentially actionable under Philippine laws, including the Civil Code and relevant labor statutes. Such behavior may constitute unjust treatment and create a hostile work environment, violating the employee’s right to dignity.
- The abusive language you mentioned may also give rise to claims for moral damages under Article 2219 of the Civil Code, depending on the severity and impact.
Resignation and Immediate Effectivity
- As per Article 300 (formerly 285) of the Labor Code, an employee may terminate employment without serving the 30-day notice for just causes, including inhumane treatment or breach of labor standards by the employer.
- Your resignation due to the abusive and unlawful conditions appears to fall under just cause. If challenged, you may justify your immediate resignation by citing the company’s violations of labor standards and your right to a safe working environment.

II. Threats to File Cases Against You

Filing a Case with the NBI
- For the HR Head to file a case with the NBI, there must be a clear basis for criminal liability. Resigning from your position, especially under justifiable circumstances, does not constitute a crime.
- Threatening to involve the NBI without lawful grounds may be seen as harassment. Article 287 of the Revised Penal Code penalizes unjust vexation, which may be applicable if the threats are proven to cause undue stress or alarm.
Complaint to the PRC
- As a licensed psychometrician, your professional license is governed by Republic Act No. 10029, the Philippine Psychology Act of 2009. However, ethical violations related to professional practice must be proven and must pertain to your role as a psychometrician.
- Resigning from a company does not inherently constitute a breach of professional ethics unless there is evidence of gross negligence or misconduct tied to your licensed practice.
- The HR Head’s threat to lodge a complaint with the PRC may lack merit unless specific unethical actions directly related to your psychometrician duties can be established.

III. Legal Remedies and Options

Filing a Complaint with DOLE
- You may report the company for violations of labor standards, including unpaid overtime and lack of a mandated rest day. DOLE conducts inspections and can enforce compliance, including ordering back pay for unpaid overtime.
Filing a Case for Constructive Dismissal
- If the working conditions were intolerable and forced you to resign, this may be classified as constructive dismissal. Constructive dismissal is a form of illegal termination where the employee is compelled to leave due to the employer’s unlawful actions.
- Remedies for constructive dismissal include reinstatement, back wages, and damages.
Responding to Harassment and Legal Threats
- Document all interactions with the HR Head, including text messages, emails, or other communications that show threats or abusive behavior.
- If harassment persists, you may consider filing a case for unjust vexation or seeking a restraining order under relevant laws.

IV. Additional Considerations

Ethical and Professional Safeguards
- As a licensed professional, it is essential to maintain detailed records of your work to defend against baseless accusations of professional misconduct.
- If a complaint is filed with the PRC, ensure you prepare documentation of your employment conditions and resignation reasons to demonstrate that any alleged issues were unrelated to your professional competence.
Alternative Dispute Resolution
- Before escalating the matter to litigation, consider engaging in mediation or dialogue facilitated by DOLE or a neutral third party. This approach may resolve the issues without prolonged legal proceedings.

Conclusion

The actions of your former employer raise significant legal and ethical concerns. Based on Philippine labor law, your immediate resignation appears justified, and the threats of filing cases against you may lack merit. However, it is crucial to respond to these threats with documented evidence and, if necessary, legal action to safeguard your rights.

You may wish to consult a lawyer directly for assistance with preparing complaints or responses. Addressing workplace injustices not only protects your rights but also contributes to the broader accountability of employers under Philippine law.