Resigning From Your Job the Right Way

The 30-Day Notice

Under Article 300 of the Labor Code (formerly Article 285), an employee may end their employment without a just cause (without any serious reason) by giving the employer written notice at least one month in advance. This is the usual resignation, and the month is what people call "rendering 30 days".

• Put it in writing. Use our Resignation Letter template.
• Count the month from the day your employer receives the letter. Make two copies and ask your manager or HR to sign and date the receiving copy, or send it by email and keep the reply.
• Your employer may agree to let you go earlier. If it does, get that agreement in writing.
• Your contract may ask for a longer notice period for some positions. Read it before you set your last day.

Use the notice month well: finish or hand over your work, and start the company's clearance process early.

Leaving at Once for a Just Cause

Article 300 lets you resign without serving any notice for these just causes:

• serious insult by the employer or their representative on your honor and person;
• inhuman and unbearable treatment by the employer or their representative;
• a crime or offense committed by the employer or their representative against you or any of your immediate family; and
• other causes similar to these.

If you leave for one of these reasons, say so in your letter and keep proof: messages, medical records, a police blotter, or names of witnesses.

If the employer made you resign, or made work so unbearable that you had no real choice but to leave, that is constructive dismissal (a dismissal disguised as a resignation). It is treated like being fired, and you can file a case for illegal dismissal. See being fired and illegal dismissal.

If You Leave Without Notice, or Your Employer Will Not Let You Go

Leaving without notice. If you leave without the one-month notice and without a just cause, Article 300 says the employer may hold you liable for damages. That means the employer would have to file a claim and prove the actual loss it suffered because you left early. Leaving without notice is not a crime under the Labor Code, and you cannot be jailed for it. Your employer also cannot simply keep your final pay as punishment. Any deduction from your pay must be allowed by law or agreed to by you in writing.

An employer that will not "accept" your resignation. Resigning is your choice, and no one can be forced to keep working. The Labor Code asks only for one month's written notice; it does not say the employer must approve it. Keep proof that the employer received your letter, such as a receiving copy or the email. What the employer may ask is that you finish clearance and turn over company property.

Clearance. Most companies have a clearance process (an exit checklist) for returning equipment, IDs and documents and settling any accounts. Do it promptly. It is not a reason for the employer to hold your final pay beyond the 30 days DOLE allows.

What Your Employer Owes You When You Leave

Under DOLE Labor Advisory No. 06, Series of 2020, your final pay must be released within 30 days from your last day, unless a company policy, contract or Collective Bargaining Agreement gives a shorter time. Your final pay usually includes:

• unpaid salary for days you worked;
• pro-rated 13th month pay: a resigned employee still gets a share for the months worked in the year. Use our 13th month pay calculator and see the 13th month pay guide;
• cash for unused service incentive leave (at least 5 days of paid leave a year for workers who have served at least one year, under Article 95), and other leave that company policy lets you convert to cash; and
• any other amount due under your contract or company policy, and a refund of excess tax withheld, if any.

Separation pay is generally not due when you resign voluntarily. You get it only if your contract, company policy or Collective Bargaining Agreement grants it, or if the employer has an established practice of giving it.

Ask for your Certificate of Employment in writing. It must be given within 3 days from your request. Also ask for your BIR Form 2316, which your next employer will need. For more, see final pay and Certificate of Employment.

If Your Final Pay or Papers Are Not Released

1. Ask in writing. Use our Request for Final Pay template, and ask for a breakdown and a release date. Keep a copy.
2. Go to DOLE. If nothing happens, file a Request for Assistance under DOLE's Single Entry Approach (SEnA). A SEnA officer helps you and the employer settle within 30 days.
3. If there is no settlement, the case is referred to the DOLE regional office or the NLRC (National Labor Relations Commission).

Claims for unpaid money must be filed within three years from when the money was due. See complaining about your employer. For free help, go to the Public Attorney's Office (PAO) if you qualify, an IBP legal aid office, or the DOLE public assistance desk.