Resignation is Voluntary Where it Lacks Reluctance or Tension, Expresses Gratitude and Well Wishes, Without Qualification, and Without Any Sign of Aggression, Bitterness, or Hostility Towards Employer
Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the acts of the employee before and after the alleged resignation must be considered in determining whether he or she, in fact, intended to sever his or her employment. (See page 317, Guide to Valid Dismissal of Employees, 2nd Edition by Atty. Villanueva citing Gan vs. Galderma Philippines, Inc., G.R. No. 177167, January 17, 2013 citing Nationwide Security and Allied Services, Inc. v. Valderama, G.R. No. 186614, February 23, 2011, 644 SCRA 299, 307- 308. See also BMG Records (Phils.), Inc. v. Aparecio, G.R. No. 153290, September 5, 2007.)
Acquire Mastery on HR/Labor Rules, Doctrines, and Principles through HR Bundle Books by Atty. Villanueva
Resignation is presumed voluntary, unless established otherwise. (See page 317, Guide to Valid Dismissal of Employees, 2nd Edition by Atty. Villanueva citin). In one case, the Court held that since the employee submitted a resignation letter, it is incumbent upon him to prove with clear, positive, and convincing evidence that his resignation was not voluntary but was actually a case of constructive dismissal; that it is a product of coercion or intimidation. He has to prove his allegations with particularity. (Ibid.)
In the 2019 case, the SC held that the company aptly proved that the emplyoee’s resignation letters showed the voluntariness of his separation from the company. While the fact of filing a resignation letter alone does not shift the burden of proof, and it is still incumbent upon the employer to prove that the employee voluntarily resigned, in this case, the facts show that the resignation letters are grounded in employee’s desire to leave the company as opposed to any deceitful machination or coercion on the part of the company. (Panasonic Manufacturing Philippines Corporation vs. Peckson, G.R. No. 206316, March 20, 2019) See digest of Panasonic Manufacturing Philippines Corporation vs. Peckson here
The very contents of the letters show not only any lack of reluctance or tension on the part of Peckson, but in fact express gratitude and well wishes, without qualification, nor do they show any sign of aggression, bitterness, or hostility towards his former employer.
In Bilbao vs. Saudi Arabian Airlines, the Court found as voluntary the resignation of the complainant, whose clear use of words of appreciation and gratitude negated the notion that she was forced and coerced to resign. Likewise, the Court held in Rodriquez vs. Park N Ride Inc .. et al., that the petitioner-employee voluntarily resigned as evidenced in part by her submission of two resignation letters containing words of gratitude.
The Court finds that Peckson’s subsequent and contemporaneous actions belie his claim that he was subjected to harassment on the part of Panasonic. Peckson neglected to show any sign that he had reached out to company management regarding his alleged complaints with De Jesus or any other employee of Panasonic, and if he did, he failed to show the same.
Sample Acceptance of Resignation:
To: Juan Dela Cruz
From: Happy A. Tumalisca
HR Manager
Date: ____________________
Subject: Acceptance of Resignation
This pertains to your resignation letter dated __________________ where you express your desire to resign from your position in the company as _________________ effective _____________________.
You mention therein that your resignation was due to your personal decision. You express your gratitude, well-wishes, and voluntariness in doing so.
While it is the wish of the company to retain the employees for longer period of time, it has to give way to personal decision which can lead to your further growth and professional development.
In this regard, your resignation is hereby being effective to take effect as desired, or on ________________________.
Please accomplish your clearance fully, make proper turnover, settle all accountabilities, and complete all exit documents for the expeditious release of your final pay.
We wish you the best on your future endeavors.
Very truly yours,
Happy A. Tumalisca
HR Manager
Draft and Formulate Your HR/Labor Forms, Notices and Contracts with Ease using HR Forms 1 Soft Copy (150+ Editable Templates in Word Document)
Comments (19)
… [Trackback]
[…] There you can find 44488 more Information on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostili…
… [Trackback]
[…] Information to that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Here you can find 93076 more Info to that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towar…
… [Trackback]
[…] Find More to that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
a
a
… [Trackback]
[…] There you will find 29157 more Information on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostil…
… [Trackback]
[…] Read More Information here on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-empl…
… [Trackback]
[…] Find More on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Find More on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Read More here to that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Here you will find 12152 additional Information to that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-h…
… [Trackback]
[…] Info on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Read More Info here on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […
… [Trackback]
[…] Read More on on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Find More on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Info on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Read More to that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Information on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
… [Trackback]
[…] Find More here on that Topic: lvsbooks.com/resignation-is-voluntary-where-it-lacks-reluctance-or-tension-expresses-gratitude-and-well-wishes-without-qualification-and-without-any-sign-of-aggression-bitterness-or-hostility-towards-employer/ […]
Comments are closed.