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Paano at Kelan Pwedeng Mag-Resign ang Mangagawa / Labor Code of the Philippines / Tagalog - YouTube
Channel: Bacon Palacio
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Our topic for this video is
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about voluntary resignation,
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and how to apply for voluntary resignation.
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Please watch this video until the end,
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and to answer your questions about voluntary resignation.
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This livestream will have a Q&A section
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so post your questions in the COMMENTS.
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If you are a channel member, you can post it in the chat.
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Good morning Pilipinas! I'm Bacon Palacio your favorite labor attorney.
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Subscribe and hit the bell notification icon
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in the description of this video.
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The footnotes will help you understand the topic for this video.
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What is the definition of voluntary resignation?
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The definition is:
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So long as you want to terminate your employment,
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and no one is forcing you to terminate your employment,
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then that is voluntary resignation.
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YOU want to quit!
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This is different from constructive dismissal wherein
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you were forced to quit due to the circumstances within the company.
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We will discuss constructive dismissal
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in a future video.
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How and when to resign.
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According to Article 300, Labor Code of the Philippines,
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a worker can resign for any reason
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so long as he serves
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a written notice to his employer ATLEAST 30 days in advance.
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The resignation of the worker will take effect
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regardless if the employer is able to find a replacement for the resigning worker.
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after 30 days your resignation will take effect.
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If you are the worker, and you failed to serve a written notice
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ATLEAST 30 days in advance,
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your employer can charge or sue you for
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damages.
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Why?
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Instead of finishing your assigned tasks,
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you suddenly quit,
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then the employer will look for someone who will
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finish your tasks.
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If the collective bargaining agreement, company policy,
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or employment contract
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allows you to file a written notice less than 30 days in advance,
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then that is allowed because it is favorable to the worker.
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But, if the collective bargaining agreement, company policy, or employment contract
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requires advance notice longer than 30 days,
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then do note that Article 300, Labor Code of the Philippines
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only requires an advance notice of at least 30 days.
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and the employer cannot lengthen the period.
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Lets move on to IMMEDIATE RESIGNATION
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or sudden resignation from work.
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According to Article 300, Labor Code of the Philippines,
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a worker can file an immediate resignation
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even without giving ANY notice
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to his employer
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if: first, the employer or his representative,
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like a manager or supervisor,
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seriously insults the the honor or person of the worker.
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A serious insult
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to the honor or person of the worker.
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Second,
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inhumane treatment of the workers
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by the employer or his representatives
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Third,
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The employer or his representative committed a crime or offense
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against the person of the worker or his immediate family members.
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Fourth,
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causes that are analogous to those mentioned earlier.
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Pro-tip:
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other than the third cause,
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the first, second, and fourth causes are risky to use
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because the employer can point the blame on the worker for the resignation.
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So, I suggest to my viewers to
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file a 30 days advance written notice of resignation
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for the the first, second, and fourth causes.
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UNLESS, the situation has become dangerous for you.
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For example: in cases of sexual harassment.
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As a general rule,
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immediate resignation is still a voluntary resignation
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Except if the worker's situation qualifies for
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constructive dismissal
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This is a commonly asked question in this channel:
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[As a general rule], you will receive separation pay only if you are laid off.
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Please watch my videos about layoff
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to learn about the grounds for [layoff], or
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the [conditions] for layoff.
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EXCEPTION!
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A worker may receive separation pay
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even if he voluntary resigns
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IF
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The collective bargaining agreement
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expressly states that the worker will receive separation pay;
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a company policy states the worker will receive separation pay;
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or the employment contract expressly states that the worker
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will receive separation pay.
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even if the worker has voluntarily resigned.
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Those are the exceptions.
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Before we go on, I need to ask you a question:
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Is your employer forcing you to resign?
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If so, why are you being forced to resign?
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Please share your story in the comments.
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Forced Resignation.
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This is a commonly asked question in this channel.
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There are two kinds of forced resignation.
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First,
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is forced resignation in bad faith.
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Forced resignation in bad faith is a situation
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wherein which the employer violates the legal rights of the workers.
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This is an example of constructive dismissal.
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Second,
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the company forced the worker to resign in good faith.
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Example:
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The worker has poor performance ratings
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during his probationary period.
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So the employer said: "Kid,
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why don't you resign instead of getting dismissed
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due to poor performance.
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So your employment record will not get tarnished.
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Again, the condition is: the worker's performance is REALLY bad.
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Example:
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The worker was caught in the act of stealing company property
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by the employer.
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The supervisor or HR department will say: "Kid,
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this wont look good in your employment record.
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We will dismiss you, unless you hand over your resignation.
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This is allowed.
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Remember:
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the worker was caught in the act of theft.
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So, these are the example of forced resignation in good faith.
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Again, it is imperative that the company is in good faith.
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The reason the worker was forced to resign
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is not to circumvent his legal rights
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but to promote the employer's interest.
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Let say, you filed for voluntary resignation.
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The question is:
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Can a worker revoke his voluntary resignation
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even if he designated the notice of resignation as
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irrevocable?
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The answer is: it depends!
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There are two scenarios:
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First scenario,
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the employer has yet to approve or accept the
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voluntary resignation of the worker.
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In this case,
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the unliterally worker can revoke
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his voluntary resignation
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BEFORE it is approved or accepted, or becomes effective.
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The next scenario is:
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what if the employer has already approved or accepted the worker's voluntary resignation?
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The worker can still revoke his resignation
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provided the employer consents to the revocation.
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That is the condition.
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The worker can revoke his voluntary resignation that was accepted
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by the employer, IF
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the latter consents to withdraw
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the worker's resignation.
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[Please subscribe and hit like!]
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How does the employer accept or approve [written
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notices of] voluntary resignation.
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Once the HR department receives a
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a written notice [of resignation]
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The Human Resource Manager will then
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write on the face of the notice the word "Accepted",
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signs and writes down the date of his signature,
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that is the process of accepting or approving a [written notice of] resignation.
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Provided the HR manager or whoever approved it,
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has the authority to approve or accept
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a written notice of resignation.
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Again, there are two conditions:
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1) It was accepted; and
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2) The acceptor has the authority to accept it.
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My suggestion: before filing your [written notice of] voluntary resignation,
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you must have decided to
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ACTUALLY quit your job.
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Otherwise,
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You might find it difficult to revoke your resignation.
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What is the [test of the voluntariness] of the resignation?
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To determine the "voluntariness" of the resignation,
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labor arbiters look at certain factors,
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such as:
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The act of the worker before resigning,
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when he filed his notice of resignation,
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and his acts after it was accepted or after its effectivity.
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These are the three important factors that must be scrutinized
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to determine whether the resignation
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of the worker is indeed voluntary.
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[Example:] before the worker filed his written notice,
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he told his co-workers that he will apply for work abroad.
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Then he filed his [notice of] voluntary resignation,
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indicating his
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desire to work abroad.
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Third,
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he was about to depart for overseas work but
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he was not deployed because
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a deployment ban was imposed
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upon the overseas employer's country.
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In this case, the worker can no longer
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claim that he didn't voluntarily resigned.
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Based on his actions during the time periods,
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the worker really wants to resign so he can work abroad.
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Another example:
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Before a worker filed his [notice of] voluntary resignation,
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the employer started cursing at him, and
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said "You better resign
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or I will dismiss you!"
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But, the worker is not guilty of any violations.
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So, he was forced to file his [notice of] resignation
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and the worker indicated that
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the boss just outright asked for his resignation
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for no good reason.
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After leaving the company, he then filed a case for constructive dismissal.
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In this scenario,
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it is obvious from the three important time periods
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that the worker did not voluntarily
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quit his job.
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His resignation is not voluntary.
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Do note that when
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the worker really want to leave his job
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As a general rule... As a general rule,
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the worker voluntarily resigned.
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EXCEPTION!
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If his case will qualify for constructive dismissal.
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Cases of constructive dismissal requires detailed scrutiny,
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so do not quit hastily.
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It is not easy to prove cases of constructive dismissal.
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For instance, the worker already quit his job.
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He then filed a case for illegal dismissal.
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Who has the burden of proving that the
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worker voluntarily resigned?
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Please read the footnotes in [the description of this video], the Supreme Court ruled that
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If a resigned worker filed an illegal dismissal suit
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and the employer raised the defense of his resignation,
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the employer must prove that the worker indeed voluntarily
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filed his resignation.
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I'd like to take this opportunity to promote my channel membership,
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Please click the "JOIN" button below this video.
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as benefits for my channel members.
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We are not at the Q&A portion!
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If you found value by watching this video,
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please like this video and share it on social media.
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A common viewer question:
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But, technically this is a case of constructive dismissal.
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