Resignation: Requisites for Vitiation of Consent; Sample Documents to Protect Employer from Spurious ClaimsAtty Elvin
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 in fact, he or she intended to sever from his or her employment. (Iladan vs. La Suerte International Manpower Agency, Inc., G.R. No. 203882, January 11, 2016)
However, there are instances when employees would submit resignation and after getting the final pay and signing the release, waiver and quitclaim would proceed to the NLRC and file a labor case against the employer. The usual claim is that the employee was forced to resign or that his consent to file the resignation was vitiated.
There are cases where even if the employee has submitted written resignation and signed the release and quitclaim, it was still held as an illegal dismissal due to circumstances proving forced resignation.
To avoid such finding, the employers should bear in mind that the circumstances that vitiate consent are not present.
For intimidation to vitiate consent, the following requisites must be present:
(1) that the intimidation caused the consent to be given;
(2) that the threatened act be unjust or unlawful;
(3) that the threat be real or serious, there being evident disproportion between the evil and the resistance which all men can offer, leading to the choice of doing the act which is forced on the person to do as the lesser evil; and
(4) that it produces a well-grounded fear from the fact that the person from whom it comes has the necessary means or ability to inflict the threatened injury to his person or property.
Learn more about Forced Resignation from the book Guide to Valid Dismissal of Employees, Second Edition by Atty. Villanueva
Following the ruling in Iladan, conduct a checklist to make sure that you can defend against the claim of forced resignation:
- A resignation letter was executed in employee’s own handwriting.
- The employee also accepted the final pay or received financial assistance
- The employee executed an Affidavit of Release, Waiver and Quitclaim and an Agreement, as settlement and waiver of any cause of action against the employer.
- The affidavit of waiver and the settlement were acknowledged/subscribed before the duly authorized officer. An affidavit of waiver duly acknowledged before a notary public is a public document which cannot be impugned by mere self-serving allegations.
- There is no proof of an irregularity in its execution.
Besides, the Court has ruled that a waiver or quitclaim is a valid and binding agreement between the parties, provided that it constitutes a credible and reasonable settlement, and that the one accomplishing it has done so voluntarily and with a full understanding of its import.
Sample Form A: Acceptance of Resignation
This is in relation to your letter of resignation dated ______________________, wherein you expressed your intention to retire from the company effective ______________.
While the company wishes that its employee stays longer it has to give way to personal decisions. Hence, the management hereby accepts your resignation to take effect on said date.
In this regard, please make the final turnover, settle all your accountabilities, accomplish your clearance, and process your exit documents for the immediate release of your final pay.
We look forward to your success on future endeavors.
Very truly yours,
Sample Form B: Release, Waiver and Quitclaim
RELEASE, WAIVER & QUITCLAIM
I, MS. MADIE MANDA, of legal age, Filipino, and a resident of ___________________________, after having been duly sworn to in accordance with law, do hereby depose and state, that:
- On __________________________ I voluntarily, freely, and willingly tendered my resignation as Junior Reservation Officer from Bridges Travel and Tours Corporation (Company) effective ____________________ which was accepted by the company;
- For and in consideration of the receipt of the amount of SEVENTEEN THOUSAND FOUR HUNDRED SEVENTY THREE 50/100 PESOS (PhP17,473.50), as my final and full settlement of all salaries and employment benefits which includes but is not limited to monetized SIL, 13th month pay, monetary assistance and other additional remunerations;
- I acknowledge the receipt of the abovementioned sum representing full satisfaction of all emoluments and compensation that I may be entitled to under the law, contract or company policy for the service I have rendered for the Company;
- I do hereby release, remiss and forever discharge Safe Company, Aya O. Sadimanda, Finance Manager, Managing Director, and the companies’ officers, employees, managers, agents, and representatives, from any and all liabilities, damages, claims which may now or in the future arise as a result of my work with the company.
- If found hereinafter that there would be any other sums that I am entitled to in the future, that the amount I mentioned above which I herein duly received, shall constitute as full and final settlement for such;
- I hereby voluntarily, freely and unconditionally declare that I have no further claims or right of action, whether past, present, future or contingent, of whatever nature and hereby waive any and all claims and causes of actions or judgments of any tribunal I may have in my favor against the Company its officers, directors, representatives, agents and assigns including but not limited to my voluntary irrevocable resignation, for lack of cause of action, arising from my employment and the cessation thereof;
- I will institute no action, whether civil, criminal, labor or administrative against the company its directors, officers, employees, agents and clients. Any and all actions which I may have commenced either solely in my name or jointly with others before any office, board, bureau, court, or tribunal against the company, its directors, officers, employees, agents and clients are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s);
- I execute this Release, Waiver & Quitclaim voluntarily and freely, without any force, duress, improper pressure, or intimidation from anyone and with full understanding of the contents hereof duly explained to me in language that I understand.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _______ day of ______________ 20______ in the City of Makati.
SSS ID: 1234
Signed in the Presence of:
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
BEFORE ME, a notary public for and in the City of _______________________________, personally appeared the above and presented to me her competent evidence of identity shown above and affirmed to me that this Release, Waiver & Quitclaim, consisting of two (2) pages, including this page where acknowledgment is written, is his own, free, voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto affixed my seal and signature this ______ day of ____________, 20 __________in the City of ______________________.
Doc. No.: ______________;
Page No.: ______________;
Book No.: ______________;
Series of 20____
Sample Form C: Release, Waiver and Quitclaim in Filipino / Tagalog
You may use the form below for employees who are not conversant of the English language to avoid any claim that the employee did not understand the document written in English.
Republic of the Philippines )
City of _______________ ) S.S.
RELEASE, WAIVER AND QUITCLAIM
(PAGPAPA-WALANG SALA, PAGTALIKOD AT PAGPAPAWALANG-BISA SA MGA KARAPATAN BILANG DATING EMPLEYADO)
Ako, si MADIE MANDA, nasa hustong gulang, Pilipino, at nakatira sa _____________________________, pagkatapos manumpa sa ilalim ng batas, ay kusang-loob na naglalahad na):
- Na ako ay kusang-loob na nag-resign o umalis sa Kompanya at nagsumite ng resignation letter epektibo noong __________________;
- Ang Kompanya ay nakatupad ng kanyang tungkulin sa kontrata. Dahil dito, pinawawalang-sala ko ang Kompanya, mga empleyado nito, may-ari, opisyal, Board of Directors, ahente, at mga tagapagmana sa anumang mga kahilingan na may kinalaman sa pera, danyos, pagkukulang na nag-ugat o nagresulta sa aking pagiging empleyado mula sa akin o kung kanino man. Na ako ay kusang-loob na umalis na hindi pinilit, tinakot, nilinlang o pinuwersa at ang pag-resign ay aking pinag-isipang mabuti na walang impluwensya, suhestyon o dikta mula kanino man;
- Na aking pinatutunayan at pinaninidigan na ang Release, Waiver and Quitclaim na ito ay maaring gamitin laban sa akin at sa aking mga kamag-anak sa anumang asunto, upang ipawalang-bisa ang kaso maging ito man ay isinampa na o isasampa pa lang sa hinaharap. Ang mga nilalaman nito ay sumasakop din sa aking mga kamag-anak at tagapagmana. Kung sakaling ang Kompanya ay ihabla na may kinalaman sa Release, Waiver and Quitclaim na ito, ako ay nangangako na depensahan ang Kompanya at sasagutin ang anumang gastusin sa demandang nabanggit;
- Sinisigurado ko at ginagarantiya na naiintindihan ko nang lubos ang mga terminolohiya, nilalaman at kondisyon sa dokumentong ito. Ang mga ibig sabihin at epekto ng dokumentong ito ay ipinaliwanag sa akin sa salitang o wikang aking naiintindihan at ito ay aking naiintindihan nilagdaan nang kusang-loob, na walang pananakot, pananakit, panloloko, panlilinlang o panghihikayat mula sa Kompanya o anumang paraan na makakaapekto sa aking boluntaryo na pagpirma nito.
Bilang patunay, nilagdaan ko ang kasulatang ito ngayong ika ______ ng __________ 20______ sa Lungsod ng ____________.
SUBSCRIBED AND SWORN to before me this ____ day of _________, in the City of _______, the affiant exhibited to me his Driver’s License bearing No. ________________________.
Doc. No.: ________;
Page No.: ________;
Book No.: ________;
Series of 20____
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