What is the required notice period for resignation?
Under Article 300 [formerly Article 285] of the Labor Code of the Philippines, an employee who resigns without just cause must generally give the employer written notice at least one month before the intended resignation date. An employee who does not provide the required notice may be held liable by the employer for damages.
Is the 30-day notice always required?
No. The employee may leave earlier when the employer agrees to waive or shorten the notice period. The employee may also terminate the employment relationship without prior notice when there is a just cause recognized by law, including:
- Serious insult by the employer or the employer’s representative against the honor and person of the employee;
- Inhuman and unbearable treatment by the employer or the employer’s representative;
- The commission of a crime or offense by the employer or the employer’s representative against the employee or any immediate member of the employee’s family; or
- Other causes analogous to the foregoing. Depending on the facts, serious breaches such as the non-payment of wages may require legal assessment to determine whether they constitute just cause.
Legal basis: Article 300 [285] of the Labor Code, as reproduced by the Supreme Court in Intertrod Maritime, Inc. v. NLRC, G.R. No. 200811, June 19, 2019.