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Verbal Resignation: Is it binding under Philippine Labor laws?

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lakan_309


Arresto Menor
Hi everyone,


Is a verbal resignation binding under the labor laws of the Philippines?
If it is, do we have jurisprudence on the matter?

I understand that there are circumstances when an immediate resignation is justified (i.e. inhumane treatment, crime, or other analogous cases). Would I be correct in understanding that "immediate" includes verbal resignations?

What if the employee, came up to his superiors and declared, simply and clearly, " I quit. " coupled with the act of surrendering tools/equipment issued by the company. Employee, just entered the room, declared that he is quitting, and before leaving the room, he set his laptop and other equipment on top of the table. After leaving the conference room, he entered the production area and created a commotion among his colleagues due to his cursing.

Would this be abandonment? would it be alright to accept his declaration as a valid resignation?

Also, what if the employee sent a notice after a few days saying i will report to office as soon as i get well in a few days, would that be interpreted as a retraction? Employee also said that he would accept the any disciplinary measure for his behavior.

We are inclined to accept the resignation instead as this employee is a leader and we do not want to set an example that he can get away with his actions just like that.

Thank you very much for your assistance everyone!

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lukekyle


Reclusion Perpetua
1. employer may accept resignation that was verbally conveyed.
2. employee notice may or may not be construed as withdrawal of his resignation. (vague)
3. employer should send employee notice that they have already accepted his resignation

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HrDude


Reclusion Perpetua
- The incident may be construed as a positive (overt) act of resignation. However, to protect the Company and its officers, an actual resignation letter must be provided and duly signed by the employee.

- It is not abandonment as the same entails the actual failure of the employee to report for work despite instruction/s to do so.

- It is NOT alright to accept a declaration which can be denied later on. Be reminded that the declarant can always deny having uttered the 'I quit' words.

- Yes, the Notice should be construed as a retraction of the resignation.

"We are inclined to accept the resignation instead as this employee is a leader and we do not want to set an example that he can get away with his actions just like that." - NO ONE can force an employee to submit a resignation letter. You CANNOT send a Notice of acceptance of the resignation as the resignation can always be denied by the employee himself.

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