Voluntary Resignation
Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment. (Virgen Shipping Corp. vs. Barraquio, G.R. No. 178127, April 16, 2009 citing Valdez vs. NLRC.)
The key is that resignation must be a “voluntary act”, and that the employee must have knowingly and voluntarily dissociate himself from his employment for his own personal reasons. It does not cover cases where the employee is forced to resign with the use of threats, intimidation, coercion or manipulation, or where resignation is imposed as a penalty for an offense.
The common practice of allowing an employee to resign, instead of terminating him for just cause so as not to smear his employment record, also fall under the category of voluntary resignation. (See J Marketing Corp. vs. Taran, G.R. No. 163924, June 28, 2009).
Resignation Notice
The Labor Code requires the employee to give an advance notice to the employer of his intention to resign. The notice of resignation must be in writing and must be served to the employer at least one month prior to the effective date of his resignation.
Resignation notice usually takes the form of a letter (commonly called “resignation letter”) addressed to the employer, expressing the employee’s intention to terminate his employment. It must state the date when resignation is to take effect because of the 30-day notice requirement under the law. It may also contain the reason or justification of the employee for filing his resignation, although legally, this is not important. The employee may resign for whatever reason, or even for no reason at all. Thus, in legal parlance, voluntary resignation is also called “termination by employee without just cause.”
Resignation letter normally contains explicit words expressing employee’s intention to terminate his employment. However, lack of explicit words stating the employees intention to resign is deemed not crucial, as long as the employees intention to resign can be deduced from letter itself. In one case, the Supreme Court held that a memorandum written by the employee containing his deep resentment towards his superior juridically constituted a letter of resignation. Even if the employee did not expressly indicate his intention to resign (neither of the words “resign” or “resignation” was mentioned), the resentful and sarcastic tone of the memorandum was held to be sufficiently indicative of such intention.
Effect of Failure to Tender Resignation Notice
If the employee fails to give the employer one month advance notice of his intention to resign, he may be held liable for damages.
Instances when Notice of Resignation is Not Required
The employee may resign even without serving any notice on the employer for any of the following reasons:- Serious insult by the employer or his representative on the honor and person of the employee;
- Inhuman and unbearable treatment accorded the employee by the employer or his representative;
- Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
- Other causes analogous to any of the foregoing.
Resignation under any of the instance enumerated above is also called “termination by employee with just cause.”
Separation Pay
An employee who voluntarily resigns from his work is not entitled to separation pay. There is no provision in the Labor Code which grants separation pay to voluntarily resigning employees.
Separation pay as a rule is paid only in those instances where the severance of employment is due to factors beyond the control of the employee. Thus, in case of retrenchment to prevent losses where the employee is forced to depart from the company due to no fault on his part, separation pay is required by law to be paid to the dismissed employee.
The case is totally different in case of voluntary resignation where severance of employment is due to employee’s own initiative. The law does not oblige the employer to give separation pay if the initiative to terminate employment comes from employee himself.
However, by way of exceptions, there are at least two instances where an employee who voluntarily resign is entitled to receive separation pay, as follows:
- When payment of separation pay is stipulated in the employment contract or Collective Bargaining Agreement (CBA, for companies with existing bargaining agent or union);
- When it is sanctioned by established employer practice or policy.
In Hinatuan Mining Corporation, et al. vs. NLRC, et al., G.R. No. 117394, February 21, 1997, the court ruled viz.:
“It is well to note that there is no provision in the Labor Code which grants separation pay to voluntarily resigning employees. Separation pay may be awarded only in cases when the termination of employment is due to: (a) installation of labor saving devices, (b) redundancy, (c) retrenchment, (d) closing or cessation of business operations, (e) disease of an employee and his continued employment is prejudicial to himself or his co-employees, or (f) when an employee is illegally dismissed but reinstatement is no longer feasible. In fact, the rule is that an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or CBA, or it is sanctioned by established employer practice or policy.” [Citations omitted.]
In Lilia Pascua, et al. vs. NLRC, et al., G.R. No. 123518, March 13, 1998, the Supreme Court, reiterated that:
“The grant of separation pay, however, is inconsistent with existing employment or voluntary resignation, for it presupposes illegal dismissal.”
Special cases
In addition to the exceptions cited above, there are other cases where the court may award separation pay to voluntarily resigning employee. For example, in Alfaro vs. CA, G.R. No. 140812, August 28, 2001, the Court ordered the payment of separation pay despite holding that the employee voluntarily resign from service, and although such payment was not mandated under the CBA or employment contract. Same conclusion was arrived at in J Marketing.
In both of the above cases, the employer agreed to give separation pay to the employee as an incident of the latter’s resignation, but later on renege in the performance of such commitment. The Court held that such practice should not be countenanced.
In Alfaro, the Court ruled as follows:
“Generally, separation pay need not be paid to an employee who voluntarily resigns. However, an employer who agrees to expend such benefit as an incident of the resignation should not be allowed to renege in the performance of such commitment.”
References
- Article 285, Labor Code of the Philippines
Last Edited: Friday, August 19, 2011
July 18th, 2012 at 09:11 am
Is it Ok to file emergency resignation of employment due to he/she want to transfer/sign contract in other company?
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Vivian-HR Reply:
September 14th, 2012 at 5:31 pm
No. It is only right, legally and ethically, to have the 30 days notice before you stop working for your current employer. Unless you are talking of a life and death situation, your employer can hold you liable for damages.
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Marie Vidallo Reply:
September 17th, 2012 at 11:29 am
is this also required for contractual employees? i already have working to them for 1 month and i really wanted to file my resignation immediately.
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Vincent Reply:
September 26th, 2012 at 2:04 pm
same question from “Marie Vidallo”
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Trisha Angeles Reply:
October 11th, 2012 at 10:07 am
Ms. Vivian. I already finished my probi contract last Oct. 4, 2012, and yet they’re not still giving me my next appointment letter (if im endo or regular) and so I decided to write a resignation letter. Would I still be liable to any damages? I wrote my resignation this oct11. And i wish to have my last day this oct13
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fred canary Reply:
September 21st, 2012 at 11:23 am
if a employee resigned, for how many days will he/she will received his/her final salary,payroll and 13th month pay???
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July 27th, 2012 at 09:09 am
ASK KO LANG PO PARA SA OFFICE MATE KO MAG VOLUNTARY RESIGN SYA KASI MAY EMERGENCY SA KANILA,SO ANG TENDENCY HINDI SYA NAKAPAG ADVICE SA COMPANY NA MAGRERESIGN SYA AGAD ,PERO 13 YEARS NA SYA SA COMPANY,MAG KANO PO ANG PWEDE YANG MAKUHA NA SEPARATION FEE?AT MAY MAKUKUHA PA BA SYA NA 13TH MONTH PAY BUKOD SA SEPARATION FEE?
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Vivian-HR Reply:
September 14th, 2012 at 5:35 pm
As mentioned above: “An employee who voluntarily resigns from his work is not entitled to separation pay. There is no provision in the Labor Code which grants separation pay to voluntarily resigning employees.” Since nagresign sya voluntary, there is no separation pay unless may union kayo or CBA, or may policy company nyo na may bayad ang nagresign. Dapat may 13th month sya na prorated.
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August 11th, 2012 at 01:21 pm
I filed my resignation effective aug 25 and was approved by my immediate supervisor the same day, i expressed that i intended to go on a 10 day mandatory/terminal leave from aug10-23 to which my supervisor and area office agreed on it. On my last day prior to mandatory leave, i was advised that the area head has authority to deny my mandatory leave because i don’t have replacement yet.. My concern is that, i informed them beforehand and had plans already for my mandatory leave. My mandatory leave has my supervisor’s approval already. I asked our HR if the area head can still take the approval back.according to HR, the area head may no longer do that. My question is, is this true? Also, can they hold my clearance if i insist on my manfatory leave? Advised them beforehand and i feel i am being bullied by my area head. He was supposed to give me an exit interview but he did not even talk to me. Made me feel im a ‘good riddance’ by letting me know at i have a replacement right away. And when it was my last day, sent words that he will not approve of my mandatory leave application. Please help me cause i don’t know who else to go to.. It is very obvious to me that the area head is only out to make my remaining days in the office as miserable as possible.
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August 16th, 2012 at 06:29 pm
Ask ko lang po, nag resign ako July 22 and I am rendering the 30 days notice. Effective ang resignation ko August 22, 2012. hinold ng company ang Aug 15th salary. May I ask if they have the rights to hold my salary, If yes, dba dapat ang na hold na sweldo is the last cut off which is Aug 16 -Aug 22 right?
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August 29th, 2012 at 05:26 pm
gud day, ask ko lng po if pwede me makatanggap ng separation pay for our company? 26 years po me nag trabaho sa kanila?kc nag ask po me sa company if may makukuha me separation pay ang sagot po nila “wala” daw po.kc ako ang nag resign?pls help me po.thank you very much!
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seahorse Reply:
September 6th, 2012 at 4:17 pm
Wala kang makukuha pag ikaw ang nag resign. Kung terminated ka meron dapat.
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August 30th, 2012 at 05:12 pm
Ask ko lang po, hanggang kelan pwede mag-claim ng separation pay, if almost 2 years na wala sa company? pwede pa ba yun i-claim? under agency po
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September 6th, 2012 at 04:15 pm
Just want to ask po.
I rendered my resignation letter to my previous employer with immediate effect for only 6 days. Knowing my boss who does’nt want to pay 1 more month salary to the employees who is resigning, that’s why I only put 6 days on it. But sales commission and 13th month salary was put on hold by the HR dept because I did not rendered the 1 month provision on the resignation letter.
Question:
May habol pa ba ako sa makukuha ko? Sabi ng HR wala na akong makukuha at the same time babayaran ko pa yung 1 month na hindi ko pinasok dahil nga 6 days lang ang nilagay ko sa resignation letter ko.
I dont think na may damages din ako dahil di naman sila nag hire ng kapalit ko.
Please advise po.
Thanks a lot and mabuhay!
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September 8th, 2012 at 12:04 pm
I just want to know kung ano pong grounds and maifafile kung hindi nirerelease ng previous company yung back pay. 4 months na po ito at wala po akong kaso sa previous office na ito. Nag resign lang po aq dahil sa masmagandang opportunity at mas malapit na lugar sa house q.
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September 14th, 2012 at 08:18 am
ask ko lng po if may makukuha na separation pay at 13th month sa voluntary resignation dahil sa wala na daw cla tiwala at may mga binibintang na d nman nila kinausap ang tao para maideffend ang sarili. at one thing pa po parang force resignation dahil pinagawa kaagad sya ng letter . at nangako nman ang isang partner na magbbyad cla. at isa pa po ngppbayad ang nagresigned na byaran ang rights sa mga menu na ginawa nya sa restaurant , since ito ay magstart at ito ay umabot na sa 7 yrs
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September 15th, 2012 at 11:22 am
what if in favor sa company yung pagtender mo ng resignation?
Im actually planning to tender my resignation within this day, for my bosses declared me as a FLOATING employee. Im totally walang ginagawa and i cant even have an access on the documents and emails as well. They weren’t gave me the idea of why they were doing this to me. It just come up with their decision na ganun ang mangyayare saken. Since, may concern pa din ako sa company, i decided to tender a resignation kase parang sayang lang yung babayaran nilang daily rate saken kung wala naman akong ginagawa.. what should i do?. do i have a right for a separation pay?.
thank you!
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irish Reply:
October 20th, 2012 at 4:09 pm
hi!po..nag voluntary resign po ako sa dating pinag trabahuan ko..at nag serve po ako ng 10 yrs..may makukuha po ba akong separation pay”gumawa po yung dati kong boss ng memo tungkol sa separation pay/quick claim sa mga empleyado na mag resign..kaya lang po yung memo na ginawa nila eh walang signature ng managment..pero po may header o logo ng company namin..
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September 17th, 2012 at 11:17 am
Just asking if I can receive a separation pay from my employer, hows the computation? Iam employed for 8 years and I decided to resigned with one month notice to my employer.
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September 18th, 2012 at 11:57 am
ask ko lang po may kailangan ba ako bayaran kung sakaling mag resign ako,ayaw po nila tanggapin ang volintarily resignation ko sa company ko na isang pabrika,,. for family reason 4 days na po akong a whole sa company 6 months ang contractual ko i months pa lang ako nagtatrabaho ,gusto ko lang po sanang makuha ang original na diploma ko .ano po ba ang dapat ko gawin pa ra sa legalisasyon.
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September 21st, 2012 at 08:07 pm
Ask ko lang po pde akong terminate ng company ko due to health problem. 14 year na po ako sa company and last 2 years po na operahan ako both hands for carpal tunnel syndrome (work related)and ngayon po bumalik yung pain at umabot na po hangang neck and base po sa test ko and EMG result is “acute c5-c7 nerve roots and left c6 nerve root for cervical radiculopathy bilateral”. I am now using cervical collar and under therapy po. And possible na di na po ako makabalik sa work ko. Di ko po alam kung kanino ako lalapit and ang kinatatakot ko po eh ba terminate ako ng company ko. Thanks in advance po sa adv nyo.
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September 25th, 2012 at 10:20 am
hi good day! ask ko lng po if my makukuha pa ako n separation pay..sa antipolo po ako ngwo2rk.. kc almost 1 month ako absent.. tpos after 2 weeks tmwag cla skin.. kng nsan ako… sbi ko lumipat n kme ng laguna.. kya d ako nkkpsok.. tpos after 1 month.. 2mwag ako sa knila.. kng pwede pa ako..pmsok.. bi nla.. hindi na daw.. au\nu un.. my mkukuha pa ba ako..
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Karen Reply:
December 21st, 2012 at 2:27 pm
hindi ka na talaga nila tatanggapin.. awol ang tawag sa ginawa mo. wala kang habol sa kanila.
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September 25th, 2012 at 11:02 am
terminate na din ako nun.. kc sbi nla hindi na dw ako pwede pmsok
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September 26th, 2012 at 01:18 pm
balak ko po kasing magresign after 8 months of service.sa agency namin.kasi 15 days na poh akong walang posting dahil ala p rw bakante.balak o ng mag.apply sa ibang agency po.
QUESTION:
may makukuha po kaya akong separation pay aside sa cashband ko poh?
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September 26th, 2012 at 01:26 pm
15 days na po kasi akog floating
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October 1st, 2012 at 02:07 pm
Hi! Good Afternoon, my father was in the company for 25years he is a maintenance in one of the exclusive village in makati. When he separated in the company, he only receive half of his retirement pay. The other half was hold by the employer because the place were we live is from the employer. They will give the full amount when we live our house for more than 29 years(they sign an agreement about this but no attorneys signature). When we ask about the title of the land they dont have the documents.
How can we get my fathers separation pay by not loosing our house?Please help.
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October 1st, 2012 at 04:15 pm
Prior to filing my resignation there was a memo in the company where an employee in supervisor rank shall file their resignation atleast 90 days before the effective date. would still be fine if i will push through with the 30 day notice as per labor code?
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October 3rd, 2012 at 03:33 pm
I would like to ask what would happen if the company could not provide the last pay after 3 months? Can I file a case?
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October 5th, 2012 at 12:16 pm
ask ko lng po. nag voluntary resign ako sa company ko tapos hindi pinapayagan ng employer ko kasi hindi pa tapos yung contract ko. ano yung gagawin ko?
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October 8th, 2012 at 01:52 pm
Hi Sir/Maam,
I just want to ask/ clarify if pwede pa po bang mag apply ulit sa dating company na pinagtatrabahuan mo na kung saan nag serve ka ng more than 10yrs at nag avail ka na nang early retirement? If yes, after how many years bago ulit pwedeng mag apply?Thanks.
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October 15th, 2012 at 10:00 am
good day.
i was resign from my company as a salesmen last april 2012 prior fr dat march 2012 i submit my voluntary resignation letter.there s an amount compost of my 45days salary, commissions, cash bond and my certificate of my employment where until now i’ve not yet reciv.. d reason of d my company s that. there some of my customer was not yet paid on there balance account which im d salesmen when d credit s made.. example if my cash s amounted 70k and d charge d 50k unpaid balance of my customer is my company hav d right to hold my cashpay/cert of employment??
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October 17th, 2012 at 10:51 pm
I worked on a private educational institution for 9 years as a high school computer instructor. On my 10th year, they gave me a math subject to teach which is not my comfort zone, thus caused deterioration of my performance. I resigned and received only my 13th month pay. Am I still entitled for a separation pay?
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October 23rd, 2012 at 03:31 pm
I already tendered my resignation 2 weeks ago. My 30 days notice is not yet over. But I am now working with my new employer since they requested me to work with them asap. Will my previous company file a case against me?
[Reply]
Karen Reply:
December 21st, 2012 at 2:30 pm
yes, they can but i dont think they will do that so as to avoid complications. the least that they can do is not to give you your last pay e.g. 13th month pay, etc.
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October 24th, 2012 at 12:52 pm
Hi Sir/Ma’am,
I just want to ask your advice regarding my situation.
I filed labor case to my employer mainly due to constructive dismissal. I also filed a blotter because the owner threatened me personally sometime when we had a conversation. Now that they already received the summoned for the arbitrary hearing, they are asking me to report to office. Due to my fear of my life and other situation that may happen if I’m inside the company premises, I decided not to report.
Is my action justified for this matter?
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October 30th, 2012 at 06:22 pm
i file my resignation last june 24. I finished my one month notice with the office. its been three months now. i haven’t received my back pay and also i have pending commission to the company. What are the possible things that i need to do. Im afraid that they will not give it to me anymore. Its a hard earned money also my 13 month pay. I started nov 28 and ends with them july 28.
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admin Reply:
November 2nd, 2012 at 12:26 pm
Please read this comment.
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November 3rd, 2012 at 09:14 pm
good day po, ask ko lang po kung pwede bang madenied ang resignation?kasi po nagpas po ako ng resignation letter tinangap naman po ng hr namin kaso lang po after a week nagsend po cya ng termination letter sa akin.did the hr have a right to denied my resignation?then, they have also a right to terminate me na nagpas na nga ako ng resignation…may effective date naman po
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November 6th, 2012 at 12:57 pm
Sir/ma’am,
Tanong lang po. Ayaw irelease ng previous employer ko yung prorated 13th month ko unless hindi itu-turn over yung id at issued uniforms.
Nagamit na po yung uniforms at nawala na po yung id kasi it has been 3 months since resignation. Puede pa po bang mag pa issue ng affidavit of loss for the id and/or pay for the uniforms value..?
Thank you.
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November 6th, 2012 at 03:48 pm
Sir/Mam, resign po ako from my former company about 1 week ago pero dapat po effectivity nun ay 30 days company owner decide to released me earlier than 30 days problem is verbally lang po ang nangyari ang takot ko lang ay baka biglang kasuhan nila ko at hindi ko pa mkukuha 13th month ko kasi daw po antay ko daw and december ksi dun daw ang bigayan ng 13th month…
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Karen Reply:
December 21st, 2012 at 2:32 pm
everything should be in writing for your own security purposes.
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November 8th, 2012 at 08:58 am
Query lang po sir/maam. One of our employee filed an immediate resignation thus violating the 30 day notice minimum provided by the labor code. So what our admin manager did is to have his pay for 30 days deducted from her back pay claim. Is this legal? There is no company policy regarding the matter and its not also written in the contract of employment.
[Reply]
Regem Reply:
December 9th, 2012 at 12:34 am
Your company cannot deduct earned salary from the resigning employee’s last pay. That is tantamount to unlawful withholding of wages.
If the employee failed to give the required 30-day notice, the company may hold the employee liable for damages. However, the amount of damages is something to be determined in a proper proceeding (e.g., action for damages). It is not for the employer alone to decide on this.
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November 8th, 2012 at 04:00 pm
HI! What about this scenario.. an employee is currently on maternity leave. She is supposed to be back on the 1st of December. But then she submitted a resignation letter dated November 1. and counting 30 days her the effectivity of the resignation is dec.1.
Management did not accept it on the basis that she is still mandated to render the 30-day notification period and the count should start immediately after she returns to work from her maternity benefit.
Is this correct?
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November 9th, 2012 at 01:30 am
gaano po b katagal ang process pag nag file ng kaso sa nlrc?may babayaran po b pag nag file?
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November 9th, 2012 at 10:47 pm
Good day!
Just want to ask for an advice regarding my sister’s situation. She’s a private school teacher for almost 5 years. Since she haven’t signed any contract, she decided to apply at Dep Ed and passed it. The District Superintendent advised her to resign immediately on her current job because she may start teaching in public school not later than two weeks. Apparently when she go to Dep Ed to follow up her assignment they told her that the Directress of her past employer filed a case against her for not complying the 30 day notice which is provided by labor code. Is her employer have the right to file case against her? If so, what legal action should we do?
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November 10th, 2012 at 01:45 pm
Good day
Nagtatrabaho po ko sa isang private company as a sales supervisor for 2years then nilipat nila ako sa ibang department as a team leader actually matagal na nila ako gustong ilagay doon sa kadahilanan matulungan na maayos ang proseso sa nasabing department. Honest ayaw ko po sana lumipat kaso wala ko magagawa kasi boss ko na nagdecide bigla na lang pagpasok ko d n pala ko supervisor, kinausap ko boss ko about doon sa status ko sabi nila supervisor daw ko sa department na pinaglagyan sa akin kaya tinanggap ko na lang kasi yong position sa sales napunta na sa iba kaso ang problema isang araw lang ako naging supervisor dito sa bago department kaya humingi ko ng bagong contrata as a supervisor sa nasabing department more than 1month na ako wala pa rin ako contract lagi ko follow up pero sinasabi sa akin na ginagawa pa contrata. Kaya po ngayon nag iisip n ko magresign ask ko lang po kung entittle po ako sa seperation pay? Please help me
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November 12th, 2012 at 10:27 am
I resigned from my company and follow the 30-day notice due to the following reasons:
1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Also the vice president threatened to terminate me, that’s why it triggered me to resign from the company. As far as I’m concern, I didn’t violate any company rules and I’ve been honest and concern for their company. It all started when the vice president heard some malicious gossips from his driver and believed him without hearing my side anymore. My question is this: “Am I entitled to receive any separation pay from them due to the emotional damage they caused to me?”
By the way, my boss is a Korean national.
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November 17th, 2012 at 08:11 pm
gaano po katagal bago dapat matanggap ang backpay at yung iba pang kaperahan na dapat kung makuha?cleared na po ako since oct 9 2012
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November 19th, 2012 at 11:02 am
Hello! ask ko lang kung ano po yung mga consequences if I immediately file a resignation with my employer without a 30day notice? Thank you!
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November 20th, 2012 at 11:31 am
Legal po ba na kahit terminated ang isang empleyado na pilitin gumawa ng resignation letter para palabasin na nag resign ito para hindi mapilitan magbayad ng separation pay ang isang company?
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November 22nd, 2012 at 12:16 pm
hi po..ask ko lang po sna after resignation kelan po b dpat mkuha ang final pay including yung last slary, 13th month pay at tax refund.ilang months po b yun bago irelease ng company kasi po yung saken 50 working days na hindi pa rin po nirerelease.tnx po.
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November 22nd, 2012 at 02:40 pm
Good day po!
hingi lang po ako ng advice sa situation ko. I follow the company policy of 30 days notice if you will resign. During this 30 days period wala silang action na humanap ng kapalit ko, nag assign sila ng isang office-mate ko na mag OIC pansamantala para i turn-over ko lahat ng files ko ang unfinished works ko sa kanya, but ginawa nila ito last 3 days ko nalang sa work. meaning late na sila umaksyon. so ngayon wala na ko sa company they are demanding na hindi raw nila ako i-ke-clear at hindi nila ibibigay ang 13th month pay ko kung hindi ako bumalik at iayos ang pag turn-over ko at turuan ko daw ung bagong pumalit sakin. My question is tama po ba itong demand nila sa akin? meron po bang batas na may power silang i hold ang 13th month pay ko and other benefits? Sa ngayon po wala na ko sa company ang dami nilang ginawang report na di umano ay mga trabahong hindi ko raw ginawa kaya di nila ibibigay ang benefits ko. Am I still liable to do what they want? please help me po.. thank you and more power..
[Reply]
Regem Reply:
December 9th, 2012 at 12:28 am
Illegal ang pagwi-withhold ng 13th month pay at ibang benefits mo. Walang batas na nagpapahintulot nito. Maaring paraan lang nila ito para pilitin kang bumalik sa kumpanya, o di kaya ay para makaiwas sa pagbabayad ng tamang benepisyo.
Ang pagbibigay ang 30-day prior notice ay isang legal na paraan para putulin ng empleyado ang kanyang relasyon sa kumpanya. Ang pagre-resign ay hindi maaring gawing dahilan para hindi ibigay ang tamang benepisyo sa empleyado.
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November 23rd, 2012 at 01:39 pm
Hi! Napasabe ko verbally sa immediate supervisor ko nung last September pa na aalis na ko sabi niya sa Nov. lang daw ako magpasa ng resignation which I did just 2 weeks ago. Sabi ko sa letter ang last day ko ay sa Dec. 22.
May liability ba ko dun since nasabi ko dun sa isa kong ka work na hintayin ko yung naka maternity leave naming ka work bago ko umalis? I really want to resign na. I’ve been working here for just 1.2 years and fresh grad ako nung pumasok ako dito. I have a feeling na pag hindi ako nagresign nayon never na ko makaalis.
Thanks.
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November 23rd, 2012 at 07:46 pm
I am about to file my resignation on December 15th. Since I have been required by my boss to render 30 days for proper turnover, my separation from the company will take effect on January 15th next year.
However, I received a notice from HR very recently informing me that my application for Compensatory Time Off (CTO) from Magna Carta for Women (I underwent a surgical operation) has been approved, and I am entitled for 30-days CTO. Can I use my CTO as rendering days for my supposed resignation?
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November 26th, 2012 at 02:27 pm
good day mam,nag pasa po ako ng resignation ko nung sep.8 2012, naka indicate dun n ang effective on sep. 16 2012 ang resignation ko..pinirmahan nmn ng branch manager ko ung resignation..pero hanggang ngaun wla paren ang exit interview ko.. anu po bng magandang gawin…salamat po..
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December 3rd, 2012 at 03:46 pm
magandang araw po! ang pamangkin ko po ay nagta trabaho sa isang company for more than 2 years. he is only being paid 200 pesos daily at minsan ho ang shift niya ay 3-11 p.m. minsan ho sumosobra pa ang oras niya dito. wala po siyang pinirmahang kontrata, wala siyang file 201 at binabawasan siya ng SSS contributions pero di niya alam kung inere remit ito dahil walang payroll slip na ibinibigay sa kanya. i know na mandatory din po ang PAG IBIG a Philhealth pero wala po sila non. di rin sila binibigyan ng 13th month pay at wala silang 5 days leave wherein entitled siya dahil they are more than 10 employees. Oct. 28 at 29 po ay nakapag absent siya without leave. sinabihan siya na gumawa ng boss niya ng gumawa ng resignation letter. pero sabi ko po sa pamangkin ko wag niyang gawin dahil wala naman silang contract or rules and policies about it. ang ginawa po nila ngayon ay hinihingan nila ng explanation letter ang pamangkin ko about those absences at inipit ang kanyang sweldo ng mahigit isang buwan na pero patuloy pa rin nilang pinapapasok. so i advised him to file an irrevocable resignation letter effective immediately due to financial turmoil. in the subject resignation letter there is a request for the release of his 13th month pay at the rate according to National Wages Productivity Commission, his unpaid salary plus the overtime pay and night differential as stated in DOLE labor code Book 3 Art. 86, 87, 94, 103, 104 and 105, a certificate of employment from the start and end of his employment and also the copies of SSS R-3 (collection list) which show his contribution under the company. tama po ba ang ginawa namin? can we file a complaint against them sa SSS at DOLE in na di nila ito ibigay; likewise, sa PAG-IBIG at Philhealth? thank you and GOD bless po!
[Reply]
December 6th, 2012 at 04:31 am
Good Day!
I am working in a contact center. I submitted my first resignation letter on 13 November 2012(with effectivity date on 14 December 2012) which was approved by my immediate supervisor. I talked with my deputy manager and was fine with my intention to resign. My immediate supervisor asked me to edit my resignation letter, so I submitted my 2nd resignation on 19 November 2012 (with effectivity date on 19 December 2012).
My immediate supervisor approached me on the 5 december 2012 asking me to extend my resignation up until the month of January 2013. I said ‘no, i don’t want to.’
What is my position here, can I continue my 2nd resignation letter and end on 19 December or what?
Please help me! I dont want to work with them anymore. I am working student and it is just so hard to work with them since I feel so stressed and not into that work anymore. Please help!
[Reply]
Romark Concepcion Reply:
December 6th, 2012 at 4:44 am
In addition, my immediate supervisor used aggressive words when we were talking about the matter. I told him that i will think of it within 24 hours for any possible option, then he just said “Tanga hindi ka boss para magbigay ng option.”
When I am back home from school and from work, i just cried because i believe that I showed my intent of resignation in a proper way. I just wonder as to why they are asking me for extension which will not show a 30 days notice under Labor Law and wherefore I see not right and not under due process.
Please help me po. PLease
[Reply]
Regem Reply:
December 9th, 2012 at 12:13 am
An employee may resign at any time and for whatever reason. And, as long as he gives the required 30 days notice, the company cannot hold him liable.
[Reply]
December 7th, 2012 at 05:01 am
Hi,
My sister got terminated for not being able to meet the standard metrics. She was terminated on january 2012 but up until now, 12/08/2012, She hasn’t received her last pay yet. What should we do?
[Reply]
December 9th, 2012 at 12:26 am
Illegal ang pagwi-withhold ng 13th month pay at ibang benefits mo. Walang batas na nagpapahintulot nito. Maaring paraan lang nila ito para pilitin kang bumalik sa kumpanya, o di kaya ay para makaiwas sa pagbabayad ng tamang benepisyo.
Ang pagbibigay ang 30-day prior notice ay isang legal na paraan para putulin ng empleyado ang kanyang relasyon sa kumpanya. Ang pagre-resign ay hindi maaring gawing dahilan para hindi ibigay ang tamang benepisyo sa empleyado.
[Reply]
December 9th, 2012 at 03:25 am
My employer is telling me that I have to tender my resignation two weeks befor I resign. It has already been one month and I just find it unbearable to work there anymore. Can I just file an immediate resignation?
[Reply]
December 10th, 2012 at 05:15 pm
Hi! August 31, 3012 ako nagresign sa datin kong company, hanggang ngaun hindi ko pa din nakukuha un last na salary ko. May naviolate ba silang provision sa labor code? Thanks
[Reply]
December 18th, 2012 at 03:53 pm
Ask ko lng po kung ang ngresign ng biglaan ay makakakuha pa rin ng 13th month pay? ngbigay ng resignation ngayon ngayon din ang validity ng resignation.
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December 20th, 2012 at 10:16 pm
Me tanong lang ako, nag resign ako ng maayos after 30 years of employment, bago sa akin marami nag resign ng binigyan ng kumpanya ng incentive/retirement/separation in a staggered payment. dapat po ba magkaroon rin ako, kung naging company policy na iyon.
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December 20th, 2012 at 10:20 pm
Ano po pwede gawin kung di ako binigyan ng separation pay kung voluntary resign, habang yung iba bago sa akin binigyan ng pay, according the number of years in service.
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December 21st, 2012 at 02:22 pm
separation pay, you mean 13th month pay? kung 13th month pay, kaht 2 months ka lang sa company eh kelangan ka tlga bgyan. pero kung ang sinasabi mo na separation pay na gratuity pay na may minimum of 5 yrs stay in the company, kng di ka nmn umabot dun then you’re not eligible to that pay. masyadong limitado ang binigay mong details.
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December 21st, 2012 at 11:07 pm
Hi! I just want to ask re my situation:
I resigned 18 Dec 2012, was triggered by unbearable treatment from my superior, also I always feel insulted.
My email regarding my resignation was accepted by the head of the company on the same day (but was also emailed to my superior but didnt even replied).
I have a heart disease and doctor advised me to avoid stress also. Due to her unbearable treatment, it caused me emotional stress and was brought to e.r.
My question is: is it allowable by the law, for me NOT to serve the 30 day endorsement since im very sure that if my boss and I crossed paths, there would be commotion and might cause me health problems, and might affect my cardio problem? Is it ok just to endorse my work for a day or two, and after that, can I file a terminal leave (even without pay)?
Your reply is so much needed and appreciated. Thank you in advance! Merry Christmas!
[Reply]
December 26th, 2012 at 11:02 pm
hello po tanong ko lng po gusto ko po mag resign sa company kung pinapasukan ngaun ang kaso pasok po ako sa mission critical skill as per POEA Circular Memorandum #3, series of 2006 na six months notice is this Applicable if local Employment? kc gusto ko po lumipat ng ibang company here in the philippines kaya applicable po ba ung six months notice kung mag resign ako? or least 30 days lng po ba ung dapat? sana po matulungan nyo ako
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January 3rd, 2013 at 05:20 am
Hi, I filed resignation with my previous employer last January of 2011 but due to some constraints, I was just able to accomplish my clearance July 2011. Up until now when I follow up on my last pay they tell me it’s “ON PROCESS” can I file a case?
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January 7th, 2013 at 12:40 pm
Goodpm po! I passed my resignation last Dec. 6, 2012 and the effectivity was Dec. 16, 2012. Pumayag naman po ung boss ko. Pwede po ba akong humingi ng Certificate of Employment?
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January 8th, 2013 at 09:59 am
Hi Ms Vivian,
I have an employee who voluntarily submitted his resignation letter. He had served the company for 10 years. I would like to ask if he is entitled to a long service pay? or any other benefits at that? I have looked up the Labor Code of the Philippines and I did not find any benefits for this type of case. But just to be sure, I would like an expert opinion.
Thanks.
Ronald Paguia
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January 8th, 2013 at 05:33 pm
Sir/Madam,
Nagresign po ako sa company kung saan 4 years na ako nagtatrabaho. 24 days lang po ang maibibigay ko sa company sa kadahilanan na akoy pupunta na ng ibang bansa. sabi po kasi ng Boss ko hindi daw po nya pipirmahan ang Clearance ko kapag hindi ako naka-pag turn over ng maayos sa kapalit ko. 2 days na lang po ang kulang ko kaso wala pa din po nakukuhang kapalit ang company ko. natatakot po akong hindi ako mabigyan ng clearance. tama po ba yun na hindi ako mabibigyan ng clearance dahil hindi ko nabuo ang 30 days?
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January 10th, 2013 at 02:58 pm
good day po..
ask ko lang po kasi voluntary resigned po ako sa previous company ko,naka pag file na po ako ng clearance and hinihintay ko na lang po ung last pay ko.sa stated in our clearance form this should be ready or accomplished(my last pay) with in 2 months but not later than 3 months. more than 3 months na po kasi then everytime na mag follow up po ako palaging still on process ung sinasabi ng rep saken regarding my last pay.pwede po ba akong mag file ng complain for that kasi ang tagal na po and wala naman akong naging kaso or problem with them nung nandun pa po ako..thanks..
pls reply..
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January 12th, 2013 at 06:39 pm
need a help….i resigned in a rural bank effective dec. 15, 2012. i received my 13th month pay on the first week of december and i was shocked because it was not in full amount, deducted equavalent to 15 days(16-31). is it legal that my 13th pay was deducted coz i’ll be working til dec. 15? and during our christmas party last dec. 15, 2012 our company’s president announced that she will be giving our 14th month pay on january first week, and the day came releasing of the said bonus, i was shocked again that i was not included in the list, i asked the cashier of the rural bank and our bookkeeper if i am included, sadly i was not. is it right and legal that i am not included in that bonus? the bonus is for the year 2012, 14th month bonus of the 2012. is it just?
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January 14th, 2013 at 07:48 pm
good day! you might be a reliable source of advise. I tender my resignation last Dec. 26, 2012 and to be effective on Jan. 25, 2013. However, my employer sell the company I have been working for a year and a month and the buy-out would took effect on the 19th of January, 2013. Would I still be entitled for a severance pay, considering that the effectiveness of my resignation will still be on Jan. 25? I just need an assurance as per law. please dear experts.
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January 22nd, 2013 at 01:24 pm
nag resigned na po ako last January 5,2013… Mag ask lang po ako na makuha ko pa ba ang holiday & Overtime paY FOR 15 YEARS na hindi nila nabigay sa akin… kasi pinatrabaho niya ako pag holiday tapos hindi ako binabayaran ng double paY… ATSAKA nag overtime ako hindi naman sila nagbabayad ng Overtime pay… sana matulungan mo ako… thanks
[Reply]
January 26th, 2013 at 05:22 am
HI,
I would like to know if there is a written rule or law that once a resignation is submitted and a letter of acceptance has been received, such cannot be revoked anymore. Thank you in advance
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January 30th, 2013 at 09:57 am
Sir, before i ask my queries here’s the scenario: i started working with this institution Oct 2010 as part-time bookkeeper without signing any contract, receiving a fix monthly fee. Last Dec. 13, 2012 the Exec Director made me sign a contract on a three days work a week or 20 hrs/week. The contract I signed was for Dec. 1-31, 2012. For your info, Dec. 17-28 was the forced leave of the company EXCEPT daw for contractuals.
Last January 15 2013 i did not receive my Bookkeeper’s fee for the period Jan 1-15,2013 for the reason of non-working from Dec. 17-28. Just to get my fee for Jan. 15 i made a letter requesting to offset the Dec 17-28 on Feb. 11-22 the Audit Season in which i am required to stay there the whole day for 10 days.
Now my questions are: Am I entitled to vacation/sick leave? how many days in a year? Is it legal that they did not pay me for Jan. 15? What are other benefits that i can avail? Can you please state in your reply the labor code articles involving my queries? I have already prepared a letter to DOLE for this problem but i have know first the legality of the above scenario. Hope to hear from you soon.
[Reply]
February 1st, 2013 at 02:20 pm
Would just like to inquire what is the maximum year/s an employee could claim his separation/last pay? Thanks.
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February 2nd, 2013 at 09:45 am
Hi sir, I have two queries:
1)Initially, I have signed a 3-month contract with a company, before the contract ends, I filed a resignation but they refused to accept the resignation and they opted to end the contract early instead. my last day of work with them was January 10, 2013. Is there a provision in the Labor Code that says exactly the maximum time of releasing the last pay? How long should I wait before they release my last pay?
2) I have a friend also whose contract has ended more than two months ago. he has not received his last pay yet & was told by the company it will take 4 months before he gets his final pay. This is because his ATM has been blocked for some reason. Is that even legal? he wanted to send an email to the company to follow up the his last pay but the company refused to give himtheir email address.
Please sir, I need your advise on this matter. I believe we deserve to get what we have worked for.
Thank you very much.
[Reply]
February 5th, 2013 at 03:36 pm
good day po! gusto ko pong mag tanong…. ako po ayb 4 years nag wowork sa isang club…! gusto ng boss ko tanggalin ako sa aking pwesto…! ngunight ayoko ko pong pumayag! kaya tanangal ako sa aking trabaho…! gusto ko pong malaman ang aking karapatan…! at makuha ko ang aking separation pay! ….. sa apat na taong ko pong pag sisilbi ko sa kanila!
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February 7th, 2013 at 02:55 pm
good day po! ako po ay isang representative ng isang maliit na apartment, kasi po ang may-ari ng apartment ay nasa ibang bansa n nakatira, ngayon po ung isang empleyado dito n isang security guard, mayron kaming misuderstood na mga salita, nagalit xa, tapos nagvoluntray resign xa agad-agad, sinabi niya na ayaw niya ng magtrabaho or duty sa gabi..nangyari po ito ng January 31,2013. after, february 5, may nakarating sa amin na summon from barangay,kinabukasan nagkita kmi sa barangay, ang gusto nila ay humingi ng separation pay. ang tanong ko po pwede ba siya mabgyan ng separation pay? 3 years na po siya dito nagtatrabaho. kasi matagal na sana siyang tanggalin/palitan sa trabho ng may ari peru ito ay hindi nakarating sa kanya, ito lang ay usapan between owner and ako (representative) niya, peru ako nalang ang hinihintay ng may-ari n paalisin xa,. peru ako(representative) hindi pumyag kasi ako ang nagpapasok sa kanya, hanggang sa umabot sa ganito…ang reason nila ay bakit pa daw pinatagal pa xa sa trabaho kung ayaw n ng maya ari, yan po ba ay makatarungan para sa batas ng Labor Code of the Philippines?
Sana po, mekareply po kau sa email ko…Thank you po..God Bless…
[Reply]
February 8th, 2013 at 09:20 am
can a company terminate me even if I’m already rendering my last 30 days?
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February 9th, 2013 at 02:15 pm
two years na akung nag wowork sa ataf travels and tours consultancy, ngaun nag resign na ako kasi wala sa minimum ang sahod tapos wala pa ako benipesyo, tulad ng sss philheahlt at holiday fee may right ba akong mag demand ng separation pay ko,,
[Reply]
February 9th, 2013 at 04:48 pm
Hi good day!
ask lng po my makukuha po ba kmi na separation pay if yong company is magbabawas ng tao tapos ilipat kmi sa sister company nila?
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February 15th, 2013 at 06:18 am
i resigned from work fahil hinde hinuhulog ung pag ibig namin, less than 3 years na ko sa work, may makukuha po ba ako?
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February 17th, 2013 at 03:13 pm
Good day! i just want to ask help i am employed for 8 yrs our company is giving separation fee if you render 5 yrs also we have annual 13th mo. fee ,my question is im planning to resign from work but it bothers my decission from resigning coz i still have @ present company loan which has a contract of if resign its demandable(case will file) …And by that i still want to resign stating not to get any of my money benefits from the said company all i wanted is there employment certificate.Is it possible that they will still file a case for me for my company loan? even i wont ask money benefits like separation for 8 yrs, 13th mo. fee & 36 days leave which it is our company law …pls advice me what to do i really wanted to resign.
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February 18th, 2013 at 08:21 am
taga negros po ako tapos naemployed po ako sa palawan ordered by my employer dahil kailangan daw dun ng tao, im planning to resign, naka 1yr dn po ako sa company namin, ang tanong ko po, obligado po ba ang employer ko na magbigay ng pamasahe sa akin pabalik sa lugar ko?
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February 18th, 2013 at 02:49 pm
When I started working here in my office. There are those previous employees that have reached 10 years of service that are paid their early retirement. However there is no written or employment contract for that said early retirement issues here. There is aloso an instance where one bar manager who reached only 7 years stay here were paid 10 years early retirement for their reason that her position is high knowing that they terminated that bar manager! But still they gave that early retirement. The reason why until now I am working here is because I also wanted to get my early retirement here. I will reach my 10 years this coming March 2013 but I’ve heard that the “10 YEARS EARLY RETIREMENT” here is now deactivated, meaning they will not give us anymore the early retirement. Do I have the right to demand them if ever they will not pay me for early retirement? thanks so much
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February 23rd, 2013 at 09:28 am
after 30 days of notice, how will the process of clearance will it take to get the employment and training certificates?
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February 23rd, 2013 at 09:28 am
gud morning sir/mam
ask ko lang po kasi nagresigned po ako last december 15, 2012..tapos nagpaclerance na po ako lahat lahat na .tapos ung sahod ko po for the month of dec 1-15 di pa bibnibigay sabi po lastpay q na lang daw yun.almost 2 months na nakakalipas wala pa rin sila nirerelease na cheke para sa final pay ko.anu po dapat ko gawin?
Salamat po
[Reply]
February 23rd, 2013 at 09:47 am
may karapatan na po ba ko humingi ng certificate of employment and other documents held by the employer on the effectivity date of resignaton? what will I do if they refuse?
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February 26th, 2013 at 12:02 pm
I’ve been working in 1 company 3 years and every year I renewed my contract for 3years, my questions is Do i received my separation pay even I finish my contract?
Thank you so much for your help.
[Reply]
February 28th, 2013 at 06:44 pm
Voluntary Resignation
Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment. (Virgen Shipping Corp. vs. Barraquio, G.R. No. 178127, April 16, 2009 citing Valdez vs. NLRC.)
The key is that resignation must be a “voluntary act”, and that the employee must have knowingly and voluntarily dissociate himself from his employment for his own personal reasons. It does not cover cases where the employee is forced to resign with the use of threats, intimidation, coercion or manipulation, or where resignation is imposed as a penalty for an offense.
The common practice of allowing an employee to resign, instead of terminating him for just cause so as not to smear his employment record, also fall under the category of voluntary resignation. (See J Marketing Corp. vs. Taran, G.R. No. 163924, June 28, 2009).
Resignation Notice
The Labor Code requires the employee to give an advance notice to the employer of his intention to resign. The notice of resignation must be in writing and must be served to the employer at least one month prior to the effective date of his resignation.
Resignation notice usually takes the form of a letter (commonly called “resignation letter”) addressed to the employer, expressing the employee’s intention to terminate his employment. It must state the date when resignation is to take effect because of the 30-day notice requirement under the law. It may also contain the reason or justification of the employee for filing his resignation, although legally, this is not important. The employee may resign for whatever reason, or even for no reason at all. Thus, in legal parlance, voluntary resignation is also called “termination by employee without just cause.”
Resignation letter normally contains explicit words expressing employee’s intention to terminate his employment. However, lack of explicit words stating the employees intention to resign is deemed not crucial, as long as the employees intention to resign can be deduced from letter itself. In one case, the Supreme Court held that a memorandum written by the employee containing his deep resentment towards his superior juridically constituted a letter of resignation. Even if the employee did not expressly indicate his intention to resign (neither of the words “resign” or “resignation” was mentioned), the resentful and sarcastic tone of the memorandum was held to be sufficiently indicative of such intention.
Effect of Failure to Tender Resignation Notice
If the employee fails to give the employer one month advance notice of his intention to resign, he may be held liable for damages.
Instances when Notice of Resignation is Not Required
The employee may resign even without serving any notice on the employer for any of the following reasons:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
Other causes analogous to any of the foregoing.
Resignation under any of the instance enumerated above is also called “termination by employee with just cause.”
[Reply]
March 5th, 2013 at 08:38 am
After more than 10 years, nagvoluntary resign ako sa company ko. Nagresign ako kasi i found out na ang company namin ay colorum. Wala kaming ITR. Ang payslip namin ay nakasulat lang sa scratch paper. May makukuha pa po ba akong separation pay or ano po bang pwede kong gawin? Please advice. Thanks.
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March 6th, 2013 at 10:17 am
good day ask ko lang po nag resign po ako at natapos ko ang 30 days period,ayaw bayaran ang huling sweldo ko at 8 days vl/sl ko,nagtrabaho po ako ng 7 years sa companya nasa company policy po namin ang babayaran pag nagresign may habol po ba ko.thanks
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March 6th, 2013 at 10:54 pm
I just want to ask if it’s legal not to make a tax refund to an employee who did not render 30 days notice prior to his resignation and which resignation was just emailed and effective immediately?
Said employee resigned Jan 17, 2013 and today (Mar 6, 2013), he texted if he can get half of his tax refund (from 2012) since half of it was already given on Jan 15 payday.
When replied that he can’t get it ‘coz he did not serve 30 days notice, he said that he would file a complaint to NLRC. And that he had already advised us already that he would resign unless he can get a regular status in the company (he signed a 1-year contract and asked for a regular status after his 6 mos).
Does the employee have the right to file a complaint if tax refund would not be given? Is this not a form of harassment? Can the employer file against the employee for abandonment of work?
[Reply]
March 9th, 2013 at 11:26 pm
good day po..mam/sir ask q lang po kc nag file po aq ng resignation last feb.26,2013 at effectivity po is march 15 ,2013 po ngayon po kc ang cut off ng sahod po namin ay day 9 to 23 tapos sasahod kmi ng 27 then day 24 to 8 sasahod po kmi ng 12,nagpasa po aq ng timesheet q last feb.9 to 23 dapat po sasahod po aq ng feb.27 pero hndi po nila aq pinasahaod kc nid q daw po muna magturn over sa kapalitan q bago nila ibigay sahod q pero po may susunod na naman po aq ng cut off yung ngayong feb.24 to march 8,2013 bale dalawa pong cut-off na po aq.,ngayon po nkapag turn over naq lahat po..ang tanong q lang po kelangan po b talagang dalawang sahod ang kelangan na ihold sakin?kc po ang ine expect q po ay last salary q po yung hndi q makukuha..pls.help me naman po..wala po aqng any violation sa company q po..thank u po
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March 11th, 2013 at 12:43 pm
Hi! I am currently rendering up until may 5th. My question is if my employer tells me that i can leave without finishing my render should I still get paid for the remaining days?What provision is this on our labor code? Thanks and more power.
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March 11th, 2013 at 04:16 pm
Ask ko lang po, ung husband ko kasi nag-aaply cya for abroad while employed cya sa present company nya… nakarating sa management ng company na balak na niya mag-abroad kaya kinausap cya ng HR and boss niya na may resign na within the week since balak naman pala niya mgabroad… pinapapirma siya sa isang resignation letter na ang HR nila ang nagprepare… Legal po ba itong ginawa ng management ng company nya? thanks po!
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March 12th, 2013 at 08:58 am
I filed a resignation already a week ago but my boss refuses to approve it although I really need to resign. How would that be?
[Reply]
March 12th, 2013 at 11:30 am
Hi,
Nagpasa po ako ng resignation with 30 days notification, kaso po ung napirmahan kong kontrata is 45 days dapat notification. Need ko po talaga mgstart sa bago ko work in just 30 days. Madedemanda po ba o may maihahabol ang kumpanya kapag hindi ako sumunod sa 45 days. Sinubukan ko po makiusap na 30 days na lang kaso ayw po payagan.
Thanks,
Jocelyn
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March 12th, 2013 at 11:11 pm
Hi! I just want to ask. What if I filed my resignation and its effective date is on the 19th of this month then my boss accept my resignation and put there in the letter that the effective date is on the 15th. Is that fair enough since I impose there in the letter that the date of its effectivity is on the 19th??
[Reply]
admin Reply:
March 16th, 2013 at 11:59 am
Hindi makatwiran na paikliin ng kumpanya ang effectivity ng resignation ng walang pahintulot ng empleyado, maliban na lang kung may just or authorized cause.
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March 14th, 2013 at 06:21 pm
Help naman po, I resigned with 15 days notice kasi I am already accepted in another company, hindi pumayag ang current employer ko for 15 days notice.. what if kung hindi na po ako pumasok after my 15 days notice, pwede ba nilang hindi ibigay ang certificate of employment ko?
[Reply]
admin Reply:
March 16th, 2013 at 11:39 am
30 days notice ang required ng Labor Code. Kung 15 days lang ang ibinigay mo, at hindi ito tinanggap, maari magkaroon ka ng liability sa iyong employer.
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March 15th, 2013 at 10:05 am
10 years na po ako sa nagtraho hanggang ngayon sa aking pinagtrabahoan.at every year nagrerenew ng contrata at ganun pa rin ang tao.ang balak ko sana mag voluntary resign ako para magkaroon ako ng panahon sa pamilya ko. ask ko po sa inyo kung may makuha po ba ako sa aking pinagtrabahoan at sa agency? yong LENGTH OF SERVICE.
salamat po,
mary ann
[Reply]
admin Reply:
March 16th, 2013 at 11:34 am
Wala pong separation pay pag nagresign ang isang empleyado, maliban nalang kung may kontrata o CBA kayo na nagbibigay ang benepisyo sa ganito pagkakataon. Makabubuting pong kumunsulta kayo sa HR or legal officer, o di kaya ay sa inyong union bago kayo mag tender ng resignation.
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March 15th, 2013 at 03:18 pm
hi magandang hapon po.., nagababalak po kasi ako mg resign sa company ko for immediate resignation after ko pong makuha ung salary ko.. tanong ko lang po kung makukuha ko po ba yong mga kinaltas nila sa sabod ko dati.. salamat po
[Reply]
March 15th, 2013 at 11:41 pm
ask ko lng po… kz po nag resign po ako sa previous work ko( korean company).. kz ung nagpasok po sa akin duon eh nagtayo ng business tapos kinuha po ako kaya naparesign po ako… ask ko lng po kse 3years din po ako sa previous work ko… my mukukuha po b akong backpay?…
more power!!!!!
[Reply]
admin Reply:
March 16th, 2013 at 11:03 am
General rule, kapag nagresign ang isang empleyado hindi siya entitled sa separation pay. Lahat lang ng unpaid earned salary at benefits ang maari niyang makuha. Kung ang tinutukoy mo sa “backpay” ay ang “unpaid earned salary at benefits” mo, maari mo pa rin itong makuha.
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aileen Reply:
April 12th, 2013 at 11:45 pm
panu po un kasi kahit benefits wala… minsan ng may ng inspect … ang nangyari po naglagay lang po.. koreano po kase boss q..
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March 15th, 2013 at 11:46 pm
tsaka po ung sss wala rin po cla non.. merun po my nagmomonitor n taga DOLE kung lahat ng empleyado ay complete benifits… kaso ang nangyayari binibigyan nila ng lagay…. padulas…
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March 16th, 2013 at 11:37 am
Ask ko lang po pano po kung nagsubmit na ko resignation letter tapos effectivity after 30days… pero hindi ko po natapos yun 30days, 15 days lang narendered ko. May possibility po ba na hindi nila ako mabigyan ng clearance?
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March 16th, 2013 at 01:16 pm
Sir gusto ko lang po sana maclarify about voluntary resignation.Nag tender po ako ng resignation yesterday March 15 for 1 week notice until March 22,2013 sa aking sales manager pero binalik nya po ang aking letter at ang sabi nasa labor code na dapat atleast 30 days yung resignation ko,since hindi din naman ako basta bastang empleyado dahil regular po ako,Ive been in the company for atleast 4years as an Account executive,kailangan ko din po kasing mag turnover ng mga accounts ko pero hindi naman po ganoong kalaki at kadami ito kaya alam ko pong kaya naman ng 1 week.Magkakaroon po kaya ako ng COE kung ganito ang decision ko,since nag apply na rin po ako at hire na for other company,pero still working on the process of resigning sa current company ko? pwede ko po bang daanin na lang sa pakiusapan ito para payagan nila akong umalis na din? please give me an advise to do since this is my first job kaya po first time ko ding magreresign.
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admin Reply:
March 17th, 2013 at 9:12 am
Mas makabubuting daanin mo nalang sa pakiusap o negotiation ang iyong hiling na paikliin ang effectivity ng iyong resignation. Tama ang iyong sales manager na ayon sa Labor Code, 30 days ang required notice. Dahil may karapatan ang employer na humingi ng tamang notice, dapat maging bukas ka na pahabain ang effectivity ng iyong resignation kung sakaling hindi agad makakuha ang employer ng isang qualified na kapalit para sa iyo.
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March 16th, 2013 at 02:02 pm
Please give me an advise regarding my concern in my previous message.
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March 16th, 2013 at 05:48 pm
ask ko lang po. nagpasa po ako ng resignation letter pero gusto ko na pong bawiin. pwede po ba iyon?
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admin Reply:
March 17th, 2013 at 8:40 am
Habang hindi pa tinatanggap at inaaprubahan (acceptance and approval) ang resignation letter, nananatili itong isang “offer” lamang. Maari mo itong pa rin itong i-withdraw ano mang oras (bago ang acceptance). Ang withdrawal ay maaring mong gawin kahit walang pahintulot ng employer o management.
Samantala, kung natanggap na ang resignation (accepted and approved), ang withdrawal ay nangangailangan na ng pahintulot o approval ng employer. Hindi mo ito maaring i-withdraw mag-isa (o unilaterally).
Kung ang resignation ay ginawa sa pamamagitan ng isang “resignation letter”, katulad ng sa iyo, mas makabubuting i-withdraw mo ito sa pamamagitan din ng isang sulat (letter of withdrawal of resignation).
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March 18th, 2013 at 03:42 pm
my karapatan po ba ang isang agency na habulin ang employee dahil hindi sumunod sa 45 days of notification ayon sa kontrata dahil 30 days lang ang notification ayon sa pinasang resignation
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March 18th, 2013 at 03:46 pm
can i have reply for my previous message po…salamat
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March 19th, 2013 at 08:45 am
will i be held liable if i just give them a 13 days notice before the effectivity date of my resignation. they want to hold me for about a year is it possible i really wanted to resign in this company.
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barba meriam Reply:
March 26th, 2013 at 5:40 pm
ask ko lang po kung ang COLA po ba ng mga legal holidays
ay dapat bang ibigay ng kompanya namin?private sector po kami.hindi po kasi ito kasama.
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March 22nd, 2013 at 11:14 pm
what if my employer sets the effectivity date of my resignation. . ? example, in my contract i should stay in the company until the 15th of december, but my employer dictates that i should leave the company by november 15. and that said date shall be put in my resignation. is that all right?
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March 26th, 2013 at 05:46 pm
pano po yun? nag pasa po ako ng resignation letter just now. Effective po dapat ng 1 month, but the admin decided na sa thursday na ang last day ko due to changing of schedule. I want to know if they are liable to pay me for this?
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March 26th, 2013 at 05:49 pm
ask ko rin po bilang isang mangagawa ng aming kompanya at regular employee kami. sa status ng trabaho namin ay may QUOTA kami.kaya lng po kapag hindi kami umabot sa quota namin hindi po kami minimum.15 years na po kami at yung iba 20 years na.at wala po kami incentives.at hindi rin po kami monthly.
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March 27th, 2013 at 10:14 pm
I resigned effective immediately because I’m being attacked personally by my supervisor. Few days after I received in a mail 2 return to work notices. The notices were dated March 19 and March 22 which both delivered on March 23, Saturday. I didn’t ring the HR because the department is closed. Came March 27 came a final notice that I’m terminated. My office mate resigned less than a month before I did and she didn’t render a 30-day notice but she didn’t receive a return to work notice nor a dismissal. I fear that I’m being singled out because of the personal attack on me and the supervisor is friends with the HR. What are my legal protections on this case?
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March 29th, 2013 at 08:56 am
Gd morning po!
magtatanong lang po kung may makukuha ba kaming separation benefits sa 12 years na serbisyo sa aming company,voluntary resign po ako pero mayroon po kaming employment policies and procedure na nagsasaad na an employee who resigns voluntarily and stops his/her services shall be entitled to all benefits which may have accrued in his/her favor.
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April 2nd, 2013 at 05:26 pm
Hi,
Nagpasa po ako ng resignation with 30 days notification, kaso po ung napirmahan kong kontrata is 45 days dapat notification. Need ko po talaga mgstart sa bago ko work in just 30 days. Madedemanda po ba o may maihahabol ang kumpanya kapag hindi ako sumunod sa 45 days. Sinubukan ko po makiusap na 30 days na lang kaso ayaw po payagan. Hindi naman po ako regular sa work ko kundi isang contractual tapos agency din po sya.
Thanks,
Joe
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April 4th, 2013 at 01:01 pm
Hi, I filed my resignation effective Jan. 15, but I left already Jan.4 because I need to start already on the company I applied to. Ayaw po i-approve yung clearance ko ng SVP nmin until now so hindi ko po din po nakakuha ung last pay ko as of todate (April 04, 2013). I sent an email of apology to the SVP and to requesting her consideration na ma-release po yung final pay ko pero hindi parin po ngrerespond. May right pa po ba ko makuha un? Any Advice? tnx and godbless..
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April 4th, 2013 at 05:51 pm
Hi,
Ask ko lang po if it will be okay to give 30-day resignation notice although the company’s policy is 60 days?
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April 10th, 2013 at 01:44 pm
An employee resigned on March 19 and took its effectivity on the day itself, due to some problem in his work. Hindi cya maayos mag work and hindi naman cya na evaluate ng Immediate supervisor niya. He started Jan 23, 2013 and filed a resignation on March 19 and tinanggap ng mga boss namin. On the day itself nag took effect ang resignation niya. Now he is asking for a prorated 13th month pay, and he is asking for a C.O.E. The only worry right now is that maybe he will use the documents for LAbor issue knowing that the company is not registered in SSS, Philhelath and HDMF. My question is does the employer will need to pay for the 13th month pro rated pa rin ba? how about a C.O.E., does the emploer obliged to issue one knowing na hindi naman maayos ang work niya.
Please advise
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April 13th, 2013 at 11:28 am
Nagresign po ako sa company na pinapasukan ko dhil na rin sa sinasabi ng admin head namin wla naman akong natatapos o nagagawang report, kahit ang totoo ay nagpapasa ako sa consultant namin, nadedelay minsan dahil na rin sa kakulangan ng dokumento at computer na magagamit. Nang araw na kinausap ako ng admin head, kinuha ng aking kasama ang iba kong trabaho dahil aalis na raw ako. Paglipas ng isang araw saka ako nag resign dhil na rin sa pagkuha ng iba ko pang trabaho khit nandun p ko. Tinanong ko ang hr head nmin kung susunod b ako sa 30 days notice ay mbibigyan ba ako ng clearance, di daw nya kAyang sagutin, at kung may assurance b na hindi ako magkaronng memo pagwalang nagawang report sa loob ng 30 araw. Kaya minarapat ko n lamang umalis Ng araw na iyon. Ang problema hinold nila ang kalahati ng sweldo ko ng mar15 at buo ng mar30. Pati ang cooperative share/savings ko ay ayaw ibigay dhil guarantor daw ako ng kapwa empleyado, ngunit ang empleyadong yun ay naroon pa nagtatrabaho.
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April 16th, 2013 at 02:28 am
i just resign with my previous company as immediate resignation. when the time i will be receiving my last pay it was paid directly to my citibank loan which is the loan covered with my company during my stay their. do they have rights to pay directly to my debts with out my concerns?
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April 16th, 2013 at 03:40 pm
Good day po! i am resigning po sa company na pinagtatrabahuhan ko ngayon. ask lang po ako kung lawful po ba na pabayarin ako ng employer ko ng percentage sa pinasahod niya sa akin from the time my salary was raised under contract? what specific provisions of law po ba ang may sinasabi tungkol dito? need answer po the soonest possible time. salamat po and God bless!
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April 18th, 2013 at 10:37 am
hello po! talking about liabilities, anung klaseng liabilities naman po yun?
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April 19th, 2013 at 04:02 pm
my sister submitted a letter of resignation to her employer but refuses to accept and received it, in this case what will she do
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April 22nd, 2013 at 07:43 am
Kumusta, am i Mrs Victoria Louis, isang pribadong tagapagpahiram pautang na
nagbibigay buhay oras pautang pagkakataon.
Kailangan mo ng isang kagyat na pautang upang i-clear ang iyong utang o kailangan mo ng capital loan upang mapabuti ang iyong negosyo?
na ikaw ay tinanggihan ng
mga bangko at iba pang mga pinansyal na ahensya? Gusto mo ba
kailangan ng pagpapatatag pautang o isang mortgage?
maghanap ng hindi hihigit bilang tayo dito upang gawin ang lahat ng iyong mga problema sa pananalapi ng isang bagay ng nakaraan.
Kami loan funds out sa mga indibidwal
nangangailangan ng pinansiyal na tulong, na magkaroon ng masamang credit o nangangailangan ng pera
upang bayaran ang perang papel, upang mamuhunan sa negosyo sa isang
rate ng 2%. gusto kong gamitin ang medium na ito upang ipaalam sa iyo
na-render namin maaasahan at benepisyaryo tulong at magiging handa upang mag-alok sa iyo ng isang
loan.So makipag-ugnay sa amin ngayon sa pamamagitan ng email, vict...@gmail.com
DATAS BORROWER’S
1) Buong Pangalan: ……………………………………………….
2) Bansa: …………………………………………………..
3) Address: ………………………………………………….
4) Estado: ……………………………………………………..
5) Kasarian: ……………………………………………………….
6) tungkol sa kasal Katayuan: ………………………………………….
7) Trabaho: ……………………………………………..
8) Numero ng Telepono: …………………………………………
9) Sa kasalukuyan posisyon sa lugar ng trabaho: …………………
10) Buwanang suweldo: ………………………………………
11) Halaga ng Pautang para sa Kinakailangan: ……………………………….
12) Pautang para Duration: …………………………………………
13) Layunin ng Pag-utang: ……………………………………..
14) Relihiyon: ………………………………………………..
15) Naglapat ka ba ng bago ……………………………
Salamat,
Mrs Victoria
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April 22nd, 2013 at 10:32 pm
Hi,
Tanung ko lang po., nag resign po ako immediately at hindi ko po nasunod ang 30days na dapat., eh ang company po namin walang contract, walang kinakaltas na tax kahit above minimum kami, walang rule book, walang issue ng payslip tapos ang overtime po namin ay offset., may makukuha parin po ba kaming back pay???
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April 25th, 2013 at 06:38 pm
Ask lang po ako if separation pay is two months over due, can the beneficiary file for additional monetary charges and penalties?
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April 25th, 2013 at 09:29 pm
ask ko lang po if magkakaron pa ng justice ung pag force to resign skin ng company ko. tinakot nila ko na mateterminate ako dahil sa dinami ng violations na binagay skin sa iisang araw lng!dahil may discrepancy sa vault na inindorse skn ng dating kahera, nalaman ko may mali dun ng bumabalik sila para ipaxerox ulit ang vault logbook. so alam na po ng opirina ng accouting at c n c dept. na may mali duon pero bakit skin nila sinisisi sa mali na yun bakit hindi ichinarge sa dating kahera un. sinabi nila mgresgn na lang daw ako kesa materminate ako.natakot ako dahil may anak ako,pag naterminate daw wala akong makukuha! kaya nagresign ako “i file my resignation dahil ayaw na ko bigyan ng chance para maayos ko ung neglegence of duty ko,” tapos naun iniipit nila ung sasahurin ko ng april 3o,ang cutof april 19 nagresign ako 22 after cutof.expected ko sasahod ako ng april30 pero sabi bakpay ko na daw makukuha un after 2months. i feel abused!
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April 27th, 2013 at 05:56 am
Pls advise , nag tender na ako nang resignation sa boss ko april 23,2013, nag usap na kami tapos parang na shock lang siya at hanggang ngayon di pa rin niya na pipirmahan, anong gagawin ko? pano pag umabot na sa date of effectivity may 15 2013 … do i need get help from HRD … para inform sila na na hold resignation ko para s apagdating sa may 15 ,2013 ok na…
salamt
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April 27th, 2013 at 08:23 pm
ask ko lang po balak ko pong mag voluntary resignation 28 yrs na po ako sa company kaya po ako mag resign dahil palagi po late salary namin at 1,5000.00 lang po kami a week. late nanaman pi kami ng 2 mos at ung 13th month namin ay hinati sa 9 gives apat palang ang naibibigay for 201,tapos po 3 o 4 na po kaming walang adjustment or hindi na implement sa amin ung NCR increase pati po ung gov’t remittances ay hindi nakakapag remit ng 3 taon na tulad ng SSS,PAGIBIG,Philhealth, withholding tax at ng April 22,2013 kaming empleado ay nag request ng payment ng salary’ 13th mo pay 2012 at Sl and VL ay nagalit ang boss namin sa word na “sana MATUGUNAN nyo ang aming kahilingan” at ng April 23,2013 ay hindi po ako pumasok at ng April 24. 2013 pumasok na ako at sinabi ng aking k office mate na galit nanaman daw ang boss ko sinabi na “malalaki sweldo nyo,mag resign na kayo” alam ko po na sa voluntary resignation ay wala ako makukuha ng separation pay. ngunit sa ganit mga nang yari pwede ho ba ako mag reklamo sa DOLE at pwede ho ba ito sa” Termination by employee with just cause” para po makakuha ng separation pay?
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May 9th, 2013 at 12:57 pm
Gud day po. Ask ko lng kun may makukuha ako sa company dhil 10 yrs napo ako sa school. Nagaaplly po ako sa public school. ask ko lang kung may makukuha ako n prorated n 13th month pay? Salamat po
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May 14th, 2013 at 02:22 pm
ask ko lang po if may makukuha po akong separation pay bale 4years and 6mos po ako sa company then tatanggalin po ako dahil magbabawas po ng tao dahil di na kaya ng company paswelduhin kami kaya nagbawas po ng tao. ang sabi ng employer mas maganda daw magresign ako para daw di bad records pero di ako pumayag dahil wala nman akong msamang record sa kanila. may makukuha po ba ako? pls response. may 1month na lng po ako b4 umalis sa company. need ur help po.. tnx..
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May 18th, 2013 at 12:28 pm
Sampung taon mahigit na ako sa aking pinagtrabahoan at every year renewal po ang contrata ng agency namin at tuloy tuloy pa rin ang nagtrabaho namin.Gusto ko sana mag voluntary resign ngayon sa pinagtrabahoan ko. Kasi gusto ko na umuwi na sa aming probinsya para alagaan ko mga anak ko kasi wala na mag alaga sa mga anak ko. Tanung ko sa inyo kung makuha ko ba ang monthly retirement benefits ko sa aking agency? kasi ang kliyente nila o aking pinagtrabahoan ay nagbayad sa kanila ng monhtly retirement. makuha ko ba yon kahit ako ay voluntary resign at hindi pa ako 60 years old? maraming salamat.
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