Can Resignation be Rejected for not Observing 30-day Notice?
Resignation from work is probably one of the most stressful incidents for both employer and employee.
On the part of the employee, the process of leading to the decision to resign is difficult. The circumstances surrounding the decision can be enormous and they can be emotionally charged.
On the part of the employer, the thought of having to train a replacement, making a step back, and losing momentum is haunting. So resignation, to a certain extent, stops the company train on its track, so to speak.
At some point in between these two opposing interests it can lead to disagreement. If so, can the employer refuse to accept the resignation ?
The Labor Code provides the rules on resignation:
“Article 285. Termination by employee. (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.”
Article 285 is now Article 300 in a re-numbered Labor Code.
Get a re-numbered copy of the Labor Code here
There is a paragraph “b” on this provision but it is not relevant to the discussion as it pertains to resignation that is not voluntary. So the situation mentioned above is governed by paragraph “a” as quoted being voluntary.
Resignation requires acceptance to take effect. The 30-day period required by law is for the benefit of the employer which means it is a right accruing to the company. Being a right, this benefit can be waived the reason companies can agree to lessen the period to 15 or 10 days, or even less such as to take effect immediately.
If the employer does not accept the resignation for some reason, can he tie the employee to a leg of a table and force him to keep working? No. This is prohibited under the principle of involuntary servitude.
The employee whose resignation was rejected can still leave the company physically and be somewhere he wants to be. However, he runs the risk of being declared on absence without leave (AWOL) if he disappears against the will of his employer.
If the employee decides to resign effective immediately and the employer does not agree the resignation may be denied. The employee’s tendency would be to stop reporting for work since he cannot be forced to keep working anyway.
Make incidents of resignation legally defensible through the book Guide to Valid Dismissal of Employees
But the company may still reckon his attendance since as far as the employer is concerned, the employment ties are not yet severed.
The employee can be terminated for abandonment of work given the circumstances. In such case, this will be a very difficult situation for both of them.
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