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07-Jul-2017 14:56

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If the employee fails to give the employer one month advance notice of his intention to resign, he may be held liable for damages.

The employee may resign even without serving any notice on the employer for any of the following reasons: cause.” An employee who voluntarily resigns from his work is not entitled to separation pay.

The law does not oblige the employer to give separation pay if the initiative to terminate employment comes from employee himself. 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. 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.

However, by way of exceptions, there are at least two instances where an employee who voluntarily resign is entitled to receive separation pay, as follows: “It is well to note that there is no provision in the Labor Code which grants separation pay to voluntarily resigning employees. The Court held that such practice should not be countenanced.

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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 must state the date when resignation is to take effect because of the 30-day notice requirement under the law.

The Labor Code requires the employee to give an advance notice to the employer of his intention to resign.