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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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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Intel Technology Philippines, Inc. v. NLRC, Jeremias Cabiles

Resignation is the formal relinquishment of an office, the overt act of which is coupled with an intent to renounce. This intent could be inferred from the acts of the employee before and after the alleged resignation.

G.R. No. 200575, 05 February 2014

Complainant Jeremias Cabiles filed a labor complaint primarily to recover retirement benefits from his employer Defendant Intel Technology Philippines, Inc. “Cabiles was initially hired by Intel Phil. on April 16, 1997 as an Inventory Analyst. He was subsequently promoted several times over the years and was also assigned at Intel Arizona and Intel Chengdu. He later applied for a position at Intel Semiconductor Limited Hong Kong (Intel HK).” He was offered by the latter the position of Finance Manager.

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