If you're an employee thinking of resignation, listen up, we have information that can save you a lot of headaches. In today's video, we talk about the most requested question from resigning employees, which goes something like this:
"Attorney, I'm no longer happy in my work... I just got an offer from another company and they want me to start immediately. I haven't told my boss about my plans yet. Can I immediately resign from work and leave my job? What are the rules? What can happen to me?"
If you can relate to this... listen up we have career advice that is crucial for you to hear.
This video was brought to you by the Resignation Guide for Employees. An Online Course that teaches you how to resign confidently, safely and amicably. It will guide you on how to avoid liabilities and negotiate a shorter turnover period. It will also teach you the rules so you feel confident about your decision, how to document your transfer so you're safe, and how to lessen friction, so you transition seamlessly between jobs. Quit with confidence, go to info.legalguide.ph/resignation to learn more.
Welcome to Legal Guide Philippines where we simplify the law to help you make better choices. I'm Attorney Erwin Zagala and I'm with my partner Attorney Ramon Ramirez.
So today we're talking about resignation.
And to guide you on this, we're going to tackle three things related to immediate resignation.
So first, is immediate resignation allowed?
OK, the answer may surprise you. No, not the way most people imagine.
So you may be asking, how do most people imagine immediate resignation Atty Ramon. They believe that if you draft the resignation letter, then you put "immediate resignation" or "effective today", or dadagdagan pa "irrevocable"... in all caps.
Yes, they believe that that carries legal weight. Let's clear that misconception right now. No, that has no legal basis.
Why? Because the resignation process is not dependent on your discretion as an employee. Hindi pwedeng porke sinabi mo "Immediate"... ay naku... immediate pala sabi nung employado natin o "I resign, today!"
No... it doesn't work like that because there are certain rules which apply to resignations under the labor code.
So just to summarise this point, no, there is no immediate resignation, not in the way most people imagine it.
In fact, it's dangerous to listen to this kind of advice, because if you follow this wrong advice, you can actually open yourself up to damages as you find out later.
What does the labor code say?
OK, I have another question, Atty. Erwin so you mentioned earlier, that immediate resignation does not exist, or at least not in the way that people imagine it.
So what way does it exist?
We have to look at the labor code and we will see in the labor code. There is such a thing as "just causes for resignation".
Take a look at Article 285 it says that people who are under these conditions, they can resign without doing a turnover period.
So what are the circumstances? Number 1 is serious insult to the honor and person of the employee. And so if nasigawan ka or nainsulto ka ng sobrang sobrang bigat di ba?
The law says, "Ok, Mr. or Ms. Employee, you can resign without having to do the turnover period. Why? What's the logic? The law is recognizing that it does not follow... ininsulto ka na... so after kita minura, kunwari ikaw yung employee, "O sige, I'll see you tomorrow ha." Your employer says, "Do the turnover period for 30 days."
So the law recognizes that... that doesn't make sense. So it allows the employee to leave immediately.
Another circumstance is inhuman and unbearable treatment accorded to the employee. So if you're finding yourself in a situation that is inhuman and unbearable, for instance, what comes to mind is probably work conditions... Or possibly sa work area... kuwari they stuff you in the basement of a Hot Factory... katabi ka nung makina without ventilation....
"Sir, kailan po ako pwede mag CR?"
"END OF SHIFT!"
Or... "Sir pwede po ba uminom ng tubig?"...
"END OF SHIFT... 5 o'clock"
That can be treated as unbearable treatment for me... or inhuman. So there are a lot of ways to interpret this, but that's how I imagine it to be.
Another Circumstance is crime committed against the person of the employee.
So.... Atty. Ramon... I can imagine... attempted homicide... sinubukan kang saksakin ng employer mo...
"O sige, I'll see you tomorrow..."
Sabihin ko, "I resign!"
"O, I'll see you tomorrow. May turnover ka pa."
So it doesn't make sense. That's why the labor code pointed out that in these circumstances, no need to do the turnover period.
In addition to those, the labor code also recognizes other similar causes. So it did not restrict it to those. Kung sakaling ka-level or medyo ka-character or kasing serious, you might invoke... You might be able to invoke it as just cause for immediate resignation.
Now, I have a warning. If you want to immediately resign one of the things you should never, ever do is to fabricate these things. Parang... "Sige, immediate resignation pala... Sige ano ba yung grounds? Sige pipili ako." And then you fabricate and you make it appear as if it happened to you when it did not.
Please save yourself the hassle. Do not do this. And I've seen this in the field. Some employees have attempted to do this and it always ends up badly for them.
Because if it turns out that it can be proven that you fabricated it... you're in for a lot more trouble. You might as well... it might have been better for you to just do the turnover period rather than fabricating this.
Bottom line, don't lie. It's bad.
Now, if you're ever going to invoke this I also have another tip for employees: be ready to substantiate it. In the same way that an employer has to have evidence to hold an employee accountable, you also have to have evidence to hold your employer accountable kasi in this scenario you're actually attributing something to your employer.
You're accusing them of doing something wrong, which then entitles you not to do the turnover period so be ready to substantiate it with evidence if ever.
What if there is no Just Cause for Resignation?
Now, I have another question. Assuming you don't fall under the just causes that you just mentioned. So walang serious insult... Walang inhumane treatment... Walang crime committed so you don't fall under that.
So what's the proper way now to resign? Ok... so... Walang cause this is what I call a regular resignation or a "vanilla" resignation yung pinaka common talaga.
So in this scenario, gusto mo lang talagang umalis wala namang ginawang mali sayo gusto mo lang umalis so, under the labor code, you are supposed to give 30 days.
How many? 30 days to your employer as a turnover period
So saan ginagamit itong turnover period? Well, time yan para maghanap ng kapalit mo. Or mag train ng katrabaho mo to do your job or it's time for you to do an inventory "O... ano ba yung mga pending matters sa akin?" and for you to transfer it ng maayos.
It can also be time to do clearances or to return company equipment. Kasama sa clearance yan. Malabo naman i-uwi mo yung laptop, yung cellphone, yung company car, you have to turn that over ng maayos. Even company ID's
Clearance of liabilities, kunwari may cash advances or may mga unliquidated na funds in your possession. That's the time to submit that.
So the turnover period basically, a lot can happen there. And for whose benefit is the turnover period? It's for the employer's benefit.
And legally speaking, if the employer does not want to take advantage of this period kasi para sa kanya yun eh... The employer actually has the discretion to cut it.
So pwedeng, "Ah ganun ba? Sige, hindi mo na kailangan mag turnover period... ok ka na." So pwedeng ganun. They can waive a portion or the whole turnover period at their discretion.
And usually this happens if you ask nicely. I've seen it happen. Kapag nagpaalam ng maayos yung empleyado, it can happen.
But again, if it doesn't happen, wag kayo magtampo. Again, it's the right of the employer to take advantage of the turnover period parang hindi naman sila parang nabitin.
It makes sense to have that turnover period, its just a logical thing.
So now we've talked about these three questions, right? And why it's important to do your resignation properly.
How to resign properly?
How do we do this or what are the guidelines in doing this? Well, the first is: be honest.
Like I said, don't lie or like Attorney Erwin Zagala said, don't lie, don't fabricate
Be honest and determine what is the cause of your resignation? Is it with the just causes that we talked about or is it without cause?
Wag mag iimbento ng wala. If it's with cause or with just cause, then go ahead, resign immediately... Without turnover.
Now if it's without just causes then follow what the rule says. Follow the 30 days, or if your contract has a longer period, follow what is in your contract.
OK, now if you want to shorten the period, the 30 day period. Let's say your new employer is really demanding that you start 15 days earlier than your 30 days, then what you can do is you can ask nicely.
Again, like Attorney Erwin said, the turnover period is for the benefit of the employer, not yours. And come on, just let's just give them the opportunity to finish the turnover.
I think Attorney Erwin will teach you how to negotiate the turnover in the resignation course that he mentioned.
OK, now what happens if you follow these? These steps that we talked about?
First you get to transition into your jobs confidently, OK? You get the transition into a new job confidently. Why? Because you know the rules.
Second is you get the transition into a new job safely. What does that mean "safely" Because that would mean there's no cases against you. Because you followed the rules.
Another is or the third thing that can happen is you get to transition into your new job amicably. So you don't have any friction with your previous employer. And you don't burn bridges. It's important not to burn bridges. You can leave them without leaving... a mess.
There you have it. To recap, we talked about why resignation doesn't exist the way most people imagine, the two types of resignation: with just cause or without just cause. And third, we talked about what the law requires from you if you resign. Namely, that's the turnover period.
Now, if you want to learn more about resigning, please go to info.legalguide.ph/resignation
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So wasn't that simple? Now go make better choices.