Resignation

Resignation "What are the rules on resignation? I have been employed in a private company and am now thinking of quitting for personal reasons, though somehow related to my work. It is quite a small company and I feel that I can gain more experience working for bigger or more known companies. I reviewed my employment contract and did not find anything about resignation, so I am not sure if I have to tender my resignation or not. I would appreciate any advice.Chester Dear Chester,The relationship between an employee and employer is not an infinite one. It may be concluded by either of them in consonance with the provisions of our labor laws, absent any valid agreement between them. Under Presidential Decree No. 442 or the Labor Code of the Philippines, as amended and renumbered, an employee may initiate the termination of the employee-employer relationship with or without just cause. To be precise, Article 300 of the said Code states:""ART. 300. (285) Termination by employee. - (a) 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. (b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:1. Serious insult by the employer or his representative on the honor and person of the employee 2. Inhuman and unbearable treatment accorded the employee by the employer or his representative3. 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 and4. Other causes analogous to any of the foregoing.""Accordingly, you are at liberty to end your employment with your current employer. It is, however, important to note that you need to serve a written notice to your employer at least one month prior to the date of effectivity of your resignation if it is a reason falling outside of the above-mentioned just causes. On the other hand, the law does not impose upon you the obligation of serving a notice or tendering your resignation if the reason/s for your decision to quit fall/s under any of the just causes mentioned under Paragraph (b) of Article 300 of the same Code, such as serious insult, inhuman and unbearable treatment, commission of a crime or offense towards you by the employer or his representative, or any such cause that may be analogous thereto.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/