Preview

Legashi

Better Essays
Open Document
Open Document
1126 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Legashi
Voluntary Resignation
Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment. (Virgen Shipping Corp. vs. Barraquio, G.R. No. 178127, April 16, 2009 citing Valdez vs. NLRC.)
The key is that resignation must be a “voluntary act”, and that the employee must have knowingly and voluntarily dissociate himself from his employment for his own personal reasons. It does not cover cases where the employee is forced to resign with the use of threats, intimidation, coercion or manipulation, or where resignation is imposed as a penalty for an offense.
The common practice of allowing an employee to resign, instead of terminating him for just cause so as not to smear his employment record, also fall under the category of voluntary resignation. (See J Marketing Corp. vs. Taran, G.R. No. 163924, June 28, 2009).
Resignation Notice
The Labor Code requires the employee to give an advance notice to the employer of his intention to resign. The notice of resignation must be in writing and must be served to the employer at least one month prior to the effective date of his resignation.
Resignation notice usually takes the form of a letter (commonly called “resignation letter”) addressed to the employer, expressing the employee’s intention to terminate his employment. It must state the date when resignation is to take effect because of the 30-day notice requirement under the law. It may also contain the reason or justification of the employee for filing his resignation, although legally, this is not important. The employee may resign for whatever reason, or even for no reason at all. Thus, in legal parlance, voluntary resignation is also called “termination by employee without just cause.”
Resignation letter normally contains explicit words expressing employee’s intention to



Citations: omitted.] In Lilia Pascua, et al. vs. NLRC, et al., G.R. No. 123518, March 13, 1998, the Supreme Court, reiterated that: “The grant of separation pay, however, is inconsistent with existing employment or voluntary resignation, for it presupposes illegal dismissal.” Special cases In addition to the exceptions cited above, there are other cases where the court may award separation pay to voluntarily resigning employee. For example, in Alfaro vs. CA, G.R. No. 140812, August 28, 2001, the Court ordered the payment of separation pay despite holding that the employee voluntarily resign from service, and although such payment was not mandated under the CBA or employment contract. Same conclusion was arrived at in J Marketing. In both of the above cases, the employer agreed to give separation pay to the employee as an incident of the latter’s resignation, but later on renege in the performance of such commitment. The Court held that such practice should not be countenanced. In Alfaro, the Court ruled as follows: “Generally, separation pay need not be paid to an employee who voluntarily resigns. However, an employer who agrees to expend such benefit as an incident of the resignation should not be allowed to renege in the performance of such commitment.” References 1. Article 285, Labor Code of the Philippines

You May Also Find These Documents Helpful

  • Good Essays

    comm 320

    • 3670 Words
    • 15 Pages

    Based on the fact that the employer version is contradictory, why would someone discuss the possibility of having additional stock option to an employee that is on the second step to dismissal?…

    • 3670 Words
    • 15 Pages
    Good Essays
  • Good Essays

    Cheeseman outlines that employment is subject to the common law of contracts (2010). Pat entered into an agreement with NewCorp for employment; acting on the premise that NewCorp would uphold all terms of the employment agreement, made major personal and financial changes to be available for employment at the assigned duty location. Although Pat signed a document acknowledging his understanding that NewCorp had the freedom to discharge at will—Pats supervisor told Pat he was being discharged because “things weren’t working out”. NewCorp did not follow company procedure to notify Pat of unsatisfactory performance and neglected to offer a Corrective Action Plan. NewCorp, having a signed copy of the discharge at will document, could argue that the company was not required to offer Pat notification or the opportunity to follow the Corrective Action Plan process. An important factor in this instance is the implication that Pat is being released based on unsatisfactory performance. NewCorp is terminating the employment contract without complying with all clauses of the employment contract and as a result Pat is taking a financial loss. Additionally, an employer under the Plant Closing Act Is exempt from notification of lay off for reasons unforeseeable at the time of notification—this does not appear to be the case in Pats situation (Cheeseman, 2010). In NewCorp’ s defense, the company could consider the employment agreement to be a voidable contract with NewCorp having the option to avoid their contractual obligations, which although Pat suffered a loss from the termination of employment, would be personally liable for any decisions or financial ramifications…

    • 710 Words
    • 3 Pages
    Good Essays
  • Good Essays

    According to Claim of Apodaca, 108 N.M. 175, 769 P. 2d 88 (N.M. 1989) an employee cannot be terminated because of a…

    • 874 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Ms. Granbury can claim illegal discharge through citing breach of an implied contract. The handbook lists a number of grounds on which an employees’ employment may be terminated. It…

    • 1906 Words
    • 8 Pages
    Better Essays
  • Good Essays

    “Constructive discharge occurs when the employer's conduct effectively forces an employee to resign. Although the employee may say, "I quit," the employment relationship is actually severed involuntarily by the employer's acts, against the employee's will. As a result, a constructive discharge is legally regarded as a firing rather than a resignation. An employee cannot simply "quit and sue," claiming he or she was constructively discharged. The conditions giving rise to the resignation must be sufficiently extraordinary and…

    • 447 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Loudermill Case Summary

    • 422 Words
    • 2 Pages

    steps that must be taken prior to the separation of the employee. Due process is…

    • 422 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Rjdt Task-1

    • 1591 Words
    • 7 Pages

    In the given scenario it appears that the employee in question has resigned as a result of being required to work on a religious holy day and although not stated in the scenario it is assumed that the employee did bring this conflict to the attention of his/her supervisor and that an accommodation reasonable to both employer and employee was not reached, thus resulting in an intolerable work conditions requiring the employee to resign based upon his/her religious beliefs. If the above assumptions prove to be true then the situation would more probably than not amount to constructive discharge under Title VII of the civil rights act and the company may be liable to the employee for resulting damages in addition to fines that may be imposed by the EEOC. A further review by legal counsel is urgently recommended.…

    • 1591 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Constructive Discharge – Employer fails to provide accommodations to a reasonable request resulting in the employee quitting. The employee must prove that work conditions were unbearable and that continued employment was not an option (Shaker).…

    • 1073 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The paraphrase I chose is from “Life Under the Chief Doublespeak Officer” Lutz, W., (pg 1, Para 8)“No one gets fired these days, and no one gets laid off. If you are high enough in the corporate pecking order, you “resign for personal reasons.” (And then you’re never unemployed; you’re just in an “orderly transition between career changes.”)”…

    • 962 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Section 1 Questions

    • 1272 Words
    • 5 Pages

    In context of separation and termination, if a policy and process is not define and undertaken correctly then employers could be subject to an array of claims and/or disruption to business.…

    • 1272 Words
    • 5 Pages
    Good Essays
  • Good Essays

    There are a few issues to consider before moving forward on this case. First, “The employee has the duty to inform his employer of his religious needs so that the employer has notice of the conflict” (Redmond v. GAF, 1978). Then, “If the duty does arise, the statute requires the employer to resolve the conflict if it can do so without undue hardship” (Ansonia Bd. of Ed. v. Philbrook, 1986). We can also clearly see in Chrysler Corp v. Mann that the duty exists on both sides to not only accommodate but also notify. Since the employee made no effort to communicate their needs to management, no duty exists to accommodate. Therefore, the resignation was at will and not our responsibility.…

    • 372 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Rights to time off – Annual leave, paternity/maternity leave, absences, sickness and statutory sickness pay.…

    • 1524 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Civil Rights Act of 1964

    • 317 Words
    • 2 Pages

    In constructive discharge an employee resigns when they have been subjected to unlawful discrimination. The employee in this case was employed before the change in policy in shift work. Before the policy change, the production shifts were Monday to Friday. With the new policy the production team works a rotating shift schedule where at times the schedule rotates to work on Saturday and Sunday. The policy then discriminates against this employee because he is required to work on a religious holy day. The other issue at hand is that there are positions with the office staff that continue to work Monday to Friday. The production staff is being singled out to change their shift work when others still maintain the Monday to Friday schedule. This is intolerable to the employee since they do have the right to not be discriminated on basis of religion. Not everyone in the company has had their schedule changed and due to the change the employee left the company right after the change in policy.…

    • 317 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    * Dismissal: there are rules and guidelines employers must follow when wanting to dismiss an employee. Again these can vary depending…

    • 5904 Words
    • 24 Pages
    Powerful Essays
  • Satisfactory Essays

    Resignation Letter

    • 460 Words
    • 2 Pages

    A very general letter of resignation. Use this resignation letter to resign from a job in any circumstance.…

    • 460 Words
    • 2 Pages
    Satisfactory Essays