Voluntary Resignation of an OFW: Is It Considered Breach of Contract?

Question:

Is voluntary resignation of an Overseas Filipino Worker (OFW) considered a breach of contract if there are no violations committed by the employer?

Answer:

Applicable Laws:

Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act No. 8042, as amended by RA 10022): This law outlines the protections and regulations governing OFWs.

Is It a Breach of Contract?

Contractual Obligations: If the employment contract has a specific duration and you resign before the end of this period without just cause, it could be considered a breach of contract.
No Employer Violations: The fact that the employer has not committed any violations does not automatically make your resignation a breach. Whether it constitutes a breach or not depends on the terms stipulated in the employment contract and the laws of the host country.
Consequences: Breach of contract can result in penalties such as forfeiture of placement fees, repatriation expenses, or other charges, depending on the contract and the host country's laws.

Exceptions:

Just Causes: Resignation for justifiable reasons like abuse, unsafe work conditions, or non-payment of wages generally would not be considered a breach of contract under Philippine law.
Mutual Agreement: If both parties agree to terminate the contract prematurely, this is generally not considered a breach.

Conclusion:

Voluntary resignation may or may not be considered a breach of contract. This largely depends on the specific terms of your employment contract and the labor laws of the host country. If you're thinking about resigning, it would be prudent to consult legal counsel to fully understand the ramifications.

Disclaimer:

This article is for informational purposes only and should not be considered as legal advice. Consult with a qualified attorney for advice tailored to your specific situation.