- Oct 22, 2020
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Ready to quit work? In case you've decided to hop into the Great Resignation bandwagon, be sure you've answered all the usual questions that you may face before leaving: Can I resign immediately? When do I get my final pay?
It's important to follow the process and to know your rights so you can leave your workplace in peace, without burning any professional bridges, according to Pauli Ong, labor and employment officer at the Bureau of Working Conditions (BWC), an agency under the Department of Labor and Employment (DOLE).
Some resignation questions answered by the DOLE's Bureau of Working Conditions
Am I really required to render 30 days upon resignation?
Yes, and that's at least 30 days if without just cause, according to Article 300 of the Labor c0d3. This is to allow employers to find your replacement and for the smooth turnover of work to avoid disrupting the operation.
"Resignation na without just cause, like let's say may nakita kang better opportunity or gusto mo nang mag-break from work. Under the law, it is really mandated na kailangan the employee must give at least one month in advance notice dun sa kanyang employer," said Ong.
If the employee fails to do so, they may be held liable for damages, she said.
However, there are some instances when an employee need not to serve the resignation notice of 30 days as long as the resignation is with just cause. According to the Labor c0d3, these are the just causes for resignation:
Can you ask your company for a shorter notice? Yes, but it depends if the company would say agree to it.
"'Yung requirement naman for that 30-day notice sa employer in advance is for the benefit din naman kasi ng employer para ma-allow 'yung employer na makahanap ng replacement or ma-trigger na 'yung sa clearance process so, nasa kamay na 'yun ng employer."
If all else fails, you have the choice to exhaust your remaining leave credits, if you have any.
Am I not allowed to absent or be late when rendering service?
There are employees who said they were not allowed to be absent or late when they were rendering their final month at work. According to Ong, this may be more of a company policy than a labor law.
"But then again, wala na sa control ng employer if the employee will be absent or will be late or will be under time. Ang remedy naman ng employers is to deduct kung ano 'yung proportionate na deduction that can be deducted dun sa wage ng employee."
My company requires me to look for my replacement before I leave. Am I legally bound to do so?
No. The duty to look for your replacement is on the employer. The only requirement when resigning is to file a written notice and to render 30 days of service.
My company did not formally receive my notice. Can they move the effectivity date of my resignation?
No. Your employer does not have to accept or receive a copy of your resignation letter as the Labor Law only said an employee only needs to serve a written notice, said Ong.
"Hindi naman nire-require na there must be an approval or acceptance of the resignation kasi sa Labor c0d3 itself, the wording is written notice," she said.
"Pero siyempre, for the safety na rin ng employee, siguraduhin n'ya na 'pag nagbigay siya ng notice, it was duly received by kung sino ba dapat 'yung proper authority within the company, kung sino dapat mag-receive talaga nun. So kung ang process, HR dapat 'yun, dapat siguraduhin n'ya ma-receive siya ng HR."
When will I receive my back pay?
The back pay, also called final pay or last pay, is the total of all wages and benefits an employee must receive upon termination of employment. This includes a worker's unpaid earned salary, cash conversion of leaves, pro-rated 13th month, retirement pay and/or separation pay if applicable, among others.
Back pay "must be released within 30 days after the effective date ng termination of employment," said Ong, citing this Labor Advisory.
"So assuming April 1 nag-tender, tapos effective date is 'yung sa 30 days. So May 1 magsa-start 'yung count ng 30 days within which for the employer to issue or give naman 'yung last pay ni employee."
Take note though that there are instances that employers can't release an employee's back pay yet, like when workers fail to clear their liabilities with the company.
"There are some employers who raise kasi na nahihirapan silang i-clear 'yung employee kaya hindi nila rin mabigay agad 'yung last pay but it is due to the fault ng employee kasi ayaw niya makipag-cooperate.
"So in that case, I believe the employer is justified to withhold muna 'yung release nung kanyang last pay because jurisprudence also recognizes the company's right to require clearance sa mga empleyado."
It's best for employees to leave their workplace peacefully. Ong has this final tip for resigning employees:
"I'll make sure na before I tender my resignation, medyo uumpisahan ko nang unti-unting ayusin 'yung mga kailangan kong ma-turn over na documents at mga ma-surrender na equipment and make sure na siguro earlier than 30 days, eh magsabi na ako informally, or better yet, formally para mas smooth 'yung maging process."
It's important to follow the process and to know your rights so you can leave your workplace in peace, without burning any professional bridges, according to Pauli Ong, labor and employment officer at the Bureau of Working Conditions (BWC), an agency under the Department of Labor and Employment (DOLE).
Some resignation questions answered by the DOLE's Bureau of Working Conditions
Am I really required to render 30 days upon resignation?
Yes, and that's at least 30 days if without just cause, according to Article 300 of the Labor c0d3. This is to allow employers to find your replacement and for the smooth turnover of work to avoid disrupting the operation.
"Resignation na without just cause, like let's say may nakita kang better opportunity or gusto mo nang mag-break from work. Under the law, it is really mandated na kailangan the employee must give at least one month in advance notice dun sa kanyang employer," said Ong.
If the employee fails to do so, they may be held liable for damages, she said.
However, there are some instances when an employee need not to serve the resignation notice of 30 days as long as the resignation is with just cause. According to the Labor c0d3, these are the just causes for resignation:
- Serious insult by the employer or his representative on the honor and person of the employee
- Inhuman and unbearable treatment accorded the employee by the employer or his representative
- 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
- Other causes analogous to any of the foregoing
Can you ask your company for a shorter notice? Yes, but it depends if the company would say agree to it.
"'Yung requirement naman for that 30-day notice sa employer in advance is for the benefit din naman kasi ng employer para ma-allow 'yung employer na makahanap ng replacement or ma-trigger na 'yung sa clearance process so, nasa kamay na 'yun ng employer."
If all else fails, you have the choice to exhaust your remaining leave credits, if you have any.
Am I not allowed to absent or be late when rendering service?
There are employees who said they were not allowed to be absent or late when they were rendering their final month at work. According to Ong, this may be more of a company policy than a labor law.
"But then again, wala na sa control ng employer if the employee will be absent or will be late or will be under time. Ang remedy naman ng employers is to deduct kung ano 'yung proportionate na deduction that can be deducted dun sa wage ng employee."
My company requires me to look for my replacement before I leave. Am I legally bound to do so?
No. The duty to look for your replacement is on the employer. The only requirement when resigning is to file a written notice and to render 30 days of service.
My company did not formally receive my notice. Can they move the effectivity date of my resignation?
No. Your employer does not have to accept or receive a copy of your resignation letter as the Labor Law only said an employee only needs to serve a written notice, said Ong.
"Hindi naman nire-require na there must be an approval or acceptance of the resignation kasi sa Labor c0d3 itself, the wording is written notice," she said.
"Pero siyempre, for the safety na rin ng employee, siguraduhin n'ya na 'pag nagbigay siya ng notice, it was duly received by kung sino ba dapat 'yung proper authority within the company, kung sino dapat mag-receive talaga nun. So kung ang process, HR dapat 'yun, dapat siguraduhin n'ya ma-receive siya ng HR."
When will I receive my back pay?
The back pay, also called final pay or last pay, is the total of all wages and benefits an employee must receive upon termination of employment. This includes a worker's unpaid earned salary, cash conversion of leaves, pro-rated 13th month, retirement pay and/or separation pay if applicable, among others.
Back pay "must be released within 30 days after the effective date ng termination of employment," said Ong, citing this Labor Advisory.
"So assuming April 1 nag-tender, tapos effective date is 'yung sa 30 days. So May 1 magsa-start 'yung count ng 30 days within which for the employer to issue or give naman 'yung last pay ni employee."
Take note though that there are instances that employers can't release an employee's back pay yet, like when workers fail to clear their liabilities with the company.
"There are some employers who raise kasi na nahihirapan silang i-clear 'yung employee kaya hindi nila rin mabigay agad 'yung last pay but it is due to the fault ng employee kasi ayaw niya makipag-cooperate.
"So in that case, I believe the employer is justified to withhold muna 'yung release nung kanyang last pay because jurisprudence also recognizes the company's right to require clearance sa mga empleyado."
It's best for employees to leave their workplace peacefully. Ong has this final tip for resigning employees:
"I'll make sure na before I tender my resignation, medyo uumpisahan ko nang unti-unting ayusin 'yung mga kailangan kong ma-turn over na documents at mga ma-surrender na equipment and make sure na siguro earlier than 30 days, eh magsabi na ako informally, or better yet, formally para mas smooth 'yung maging process."
