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Tag - Resignation

06 Nov

Notice to Explain for Absences Prior to Effective Date of Resignation

Notice to explain is provided in this post as a sample in a case where the employee submitted the resignation but did not observe the 30-day prior notice. Article 300 of the Labor Code provides that an employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. For instance on October [...]

By Labor Law, Sample Forms , 14 Comments Read more...
29 Aug

Resignation and Execution of Quitclaim as Defense in an Illegal Dismissal Case Should Comply with Legal Requirements

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 [...]

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23 Jul

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 [...]

By Labor Law, Sample Forms 21 Comments Read more...
27 Jun

Resignation Notice: Legal Issues Surrounding the Shortening of the 30-day Advance Notice; With Sample Liquidated Damage Clause

Resignation is the voluntary act of an employee who finds herself in a situation where she believes that personal reasons cannot be sacrificed in favor of the exigency of the service and that she has no other choice but to disassociate herself from employment. The resignation must be unconditional and with a clear intention to relinquish the position. Consequently, the circumstances surrounding the alleged resignation must be consistent with the employee’s intent to give up the employment. In this [...]

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30 Apr

Resignation: The Legality of Stipulating Beyond 30-day Effectivity Period

Resignation in most establishments requires employees to observe 30-day prior notice. This means that employees cannot automatically resign from work. The consequence of doing so under the Labor Code is payment of damages. To define the term, 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 [...]

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28 Apr

Resignation: The Legality of Shortening the 30-day Period

Resignation is the voluntary act of the employee. It cannot be the product of force, intimidation, threat, trickery or improper pressure. As held by the Supreme Court, 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 relinquish- ment of an office, [...]

By Labor Law, Uncategorized 14 Comments Read more...
03 Mar

Final Pay Sample Computation of Resigned Employee Based on NCR Minimum Wage NCR-22

Final pay is the last pay or salary given to employee after separation from service. One of those modes of cutting employment relationship is resignation. An employee who resigns is not entitled to separation pay. The latter benefit is given for employees who were declared redundant, retrenched, or terminated due to closure of business where the company is not suffering from serious financial reverses. So, what do employees who resigned get from the company? If the company has superior benefits than what [...]

By Labor Law , 49 Comments Read more...
31 Dec

Sample Resignation Letter

Sample resignation letter is provided here to those who want to have an idea on what it usually contains in its simple form. Normally, resignation that has no underlying reason is short and lacks drama. There is no hard and fast rule as to the form of resignation. As long as it is voluntary on the part of the employee without any duress, improper pressure, or trickery then it can validly discharge the employer from further pursuing employer-employee relationship. Under Article [...]

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26 Jul

Resignation: Requisites for Vitiation of Consent; Sample Documents to Protect Employer from Spurious Claims

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 [...]

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06 Apr

GRACEFUL EXIT: RULES APPLICABLE AND HOW TO LEGALLY ADDRESS THE ISSUE

Graceful exit is a way by which some employers waive the full extent of their disciplinary policy by allowing the employee facing a live threat of termination to tender resignation instead of facing administrative investigation and eventual sanctions for the irregularities. Verily, employer’s decision to give the employee a graceful exit rather than to file an action for redress is perfectly within its discretion as it is not uncommon that an employee is permitted to resign to avoid the humiliation [...]

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