Article 285 of the Labor Code of the Philippines (Explained)

"Termination by Employee"

Resignation is the right of the employee to leave his/her employment due to personal reasons. This right is provided in the
Labor Code of the Philippines, Article 285.

“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.”

The written notice stated above is ordinarily referred to as the resignation notice generally known as the 30-Days Resignation
Notice.

The purpose of the 30-days resignation notice is to ensure a smooth turn-over and transfer of the work currently being held by the
resigning employee. To avoid problems in the workplace, and to ensure continuous operations, labor law requires the employee
to stay for at least 30 days.

During the 30-days period, the employer is expected to find a suitable replacement of the resigning employee or provide for ways
so that other remaining employees may assume the work to be left behind.

The 30-days service is discretionary on the employer. As stated earlier, the 30-day is designed in favor of the employer. That
being the case, the employer may shorten and even waive the 30-days service.

“… The rule of requiring an employee to stay or complete the 30-days period prior to the effectivity of his resignation becomes
discretionary on the part of management as an employee who intends to resign may be allowed a shorter period before his
resignation becomes effective… (PHIMCO Industries v. NLRC, Carpio, G.R. No. 118041, 11 June 1997)”

To be clear, it is the employer who gets to decide on whether he is willing to waive or shorten the 30-days service for any
resigning employee.

Notwithstanding, there are instances when an employee may no longer need to tender a 30-days advance resignation notice. The
Labor Code provides for exceptions to the 30-days resignation notice in favor of the employee, these are, when,

“2. An employee may put an end to the relationship without serving any notice on the employer for any of the following just
causes:

“a. Serious insult by the employer or his representative on the honor and person of the employee;

“b. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

“c. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the
immediate members of his family; and

“d. Other causes analogous to any of the foregoing.”

If any of the above conditions happen, the employee is no longer required to tender a 30-days advance resignation notice and
render such service. It should be pointed out that the grounds are not limited to the above list as the last one provides for other
causes “analogous to any of the foregoing.” Meaning, similar situations may be a ground for the application of the exception to
the 30-days resignation notice rule.

Reference:

Atty. Manuel J. Laserna, Jr.