Exceptions to 30-Day Resignation Notice

Resignation is the right of an employee to disassociate himself from employment.

At the Asian Institute Manage (AIM) labor law seminar last week, I received interesting questions from one of the participants. She asked whether an employee may be allowed a shorter 30-day service for her resignation, as well as whether it is possible for an employee to not comply with the 30-day resignation notice rule.

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Management Prerogative: Discretionary Power of the Employer

“Jurisprudence recognizes the exercise of management prerogatives. Labor laws also discourage interference with an employer’s judgment in the conduct of its business. For this reason, the Court often declines to interfere in legitimate business decisions of employers. The law must protect not only the welfare of employees, but also the right of employers.

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Due Process Termination

In line with the management prerogative, the employer is allowed to terminate the services of the employee provided that substantive and procedure due process are observed.[1]

Substantive due process is complied with once the grounds are established to justify a disciplinary action. On the other hand, procedural due process is complied with once the required processes under the law are observed.

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Employee Resignation

The employee has the right to resign from his employment resulting in its termination.[1] Resignation is “the voluntary act of an employee who is in a position 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 employment.”[2]

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Strike

A strike is an economic weapon by the employees. Due to its potential adverse consequences on the employer and the employees, the law carefully regulates the constitutional right to strike of the employees.

Labor law defines strike as “any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.”[1]

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