Resignation Archives - LVS Rich Publishing

27 Jan

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

To 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, [...]

14 Apr

Legal Consequences of Refusal to Accept the Resignation

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate 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 or is otherwise compelled to dissociate oneself from employment. [Dela Fuente vs. Gimenez, G.R. No. 214419, November 17, 2021] It is a formal pronouncement or relinquishment of an [...]

By Atty Elvin Uncategorized abandonment of work, atty. elvin, AWOL, involuntary servitude, labor, labor case, Labor Code, labor law, Resignation 0 Comments Read more...

13 Apr

Directing Employee to Resign than to Face Termination

An employee may have committed serious offense within the company thus, the employer decides to save the employee from incurring bad record and asks the employee to resign instead of being terminated. As a rule, resignation should be voluntary pursuant to paragraph a, Article 300 of the Labor Code, as amended. However, there are instances when different circumstances arise surrounding resignation. These are the resignation due to severe abuses, inhumane treatment, etc. as set forth in paragraph b of Article 300. [...]

By Atty Elvin Labor Law atty. elvin, Graceful exit, labor, labor case, Labor Code, labor law, Resignation 0 Comments Read more...

16 Sep

Resignation and Illegal Dismissal

While the rules on resignation is settled, especially under Article 300 of the Labor Code, as amended, in actual situations, resignation is a confused subject matter especially if attended with claim of illegal dismissal. So, what is the legal perspective on this matter? It is good to revisit the 2020 case of Italkarat 18, Inc. vs. Gerasmio, G.R. No. 221411, September 28, 2020. The Supreme Court (SC) held that the fact of dismissal must first be proven, especially considering the existence [...]

By Atty Elvin Labor Law atty. elvin, Illegal dismissal, labor, Labor Code, labor law, Resignation 0 Comments Read more...

09 Jul

Resigned Employees are not Entitled to Separation Pay

Resignation is provided under Art. 300 of the Labor Code. There is nothing in such article that mandates the payment of separation pay to resigned employee. In a case of Italkarat 18, Inc. vs. Gerasmio, (G.R. No. 221411, September 28, 2020), the Supreme Court held that as a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of [...]

By Atty Elvin Labor Law atty. elvin, dismissal, labor case, labor dispute, labor law, resign, Resignation, separation pay, termination 1 Comment Read more...

06 Jul

Claim of Involuntariness in Employee Resignation

Resignation is one of the rights granted to employees under Article 300 of the Labor Code, as amended. In the case of Italkarat 18, Inc. vs. Gerasmio (G.R. No. 221411, September 28, 2020), the Supreme Court (SC) held that records are bereft of substantial evidence that will unmistakably establish a case of constructive dismissal. An act, to be considered as amounting to constructive dismissal, must be a display of utter discrimination or insensibility on the part of the employer so intense [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, labor, labor case, Labor Code, labor law, Resignation 0 Comments Read more...

24 Jun

Resignation Becomes Complete Once the Employer Accepts

Resignation is one of the rights of the employee set forth under Article 300 of the Labor Code, as amended. It can be voluntary or involuntary. The latter being based on just cause enumerated in the article like serious insult, abuse, etc. In the case of Intertrod Maritime, Inc. vs. National Labor Relations Commission (G.R. No. 81087, June 19, 1991), the Supreme Court held that resignation is the voluntary act of an employee who “finds himself in a situation where [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, Resignation 0 Comments Read more...

22 May

Strong Words by the Employer Do not Necessarily Result in Constructive Dismissal

Strong words alone cannot make the employment of employee unbearable. In short, they do not necessarily amount to constructive dismissal. Constructive dismissal exists if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him or her except to forego his or her continued employment. The test for determining if an employee was constructively dismissed is whether a reasonable person in the employee’s position [...]

By Atty Elvin Labor Law constructive dismissal, forced resignation, Resignation, strong words 10 Comments Read more...

15 May

Resignation may be established as Voluntary by Factual Circumstances

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 [...]

By Atty Elvin Labor Law Resignation 13 Comments Read more...

21 Mar

Resignation Rules Explained – Youtube Video

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 has no other choice but to dissociate from employment. Resignation is a formal pronouncement or relinquishment of an office, and must be made with the intention of relinquishing the office accompanied by the act of relinquishment. A resignation must be unconditional and with the intent to operate as [...]

By Atty Elvin Labor Law Resignation 17 Comments Read more...

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