Acceptance of Resignation by the Employer is Necessary to make the Resignation Effective and Receipt is not Equivalent to Acceptance

Acceptance of Resignation by the Employer is Necessary to make the Resignation Effective and Receipt is not Equivalent to Acceptance

HR FormsTo constitute a resignation, it must be unconditional and with the intent to operate as such. There must be an intention to relinquish a portion of the term of office accompanied by an act of relinquishment (Azcor Manufacturing, Inc. v. NLRC, 303 SCRA 26, 33).

Voluntary resignation is defined as the act of an employee, who finds himself in a situation in which he believes that personal reasons cannot be sacrificed in favor of the exigency of the service; thus, he has no other choice but to disassociate himself from his employment. (Shie Jie Corporation vs. National Federation of Labor Members, G.R. No. 153148, July 15, 2005.)

Acceptance of a resignation tendered by an employee is necessary to make the resignation effective. (Reyes v. Court of Appeals, G.R. No. 154448, August 15, 2003, 409 SCRA 267, 278-279, citing Indophil Acrylic MFG Corporation v. NLRC, 226 SCRA 723 (1993).)

Where there is no such acceptance, there can be no effective resignation. For a resignation tendered by an employee to take effect, it should first be accepted or approved by the employer. (Mora vs. Avesco Marketing Corporation, G.R. No. 177414, November 14, 2008)

The company’s receipt by its personnel department of his resignation letter is not equivalent to approval. Since the complainant requested that his resignation was to be effective a month later, the company’s approval was a fortiori necessary.

In the case of Vergara vs. ANZ Global Services and Operations Manila, Inc. (G.R. No. 250205, February 17, 202) the triggering of the ELA (Employee Leaving Advice) in the company’s system did not amount to an acceptance of resignation. Record shows that the ELA is a mere report triggered by a Line Manager as an advice that an employee under him or her is resigning. It cannot equate to an acceptance as

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contemplated by law since the same is addressed to ANZ’s Human Resources – via the People Soft Manager Self-Service – and not to the employee

According to the Supreme Court (SC) in the Vergara case, Gorospe’s act of “triggering” the ELA, following the employee’s tender of resignation, cannot at all be taken as acceptance of the resignation.

Even the company itself claimed that the ELA was just proof that it, through Gorospe, had acted on the resignation letter. That it was not an act of acceptance on the part of the company of employee’s resignation.

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