Book VI — Post-Employment
Article 285Termination by employee.
ELI5— what this means for you
You can resign at any time, but standard notice is 30 days. However, if you resign due to serious insult, inhuman treatment, commission of a crime by the employer, or other analogous causes, you can leave immediately — and may have a constructive dismissal claim.
Key point
Resignation = 30 days notice. Forced-out by bad employer? That's constructive dismissal.
Official text — PD 442
Termination by employee.
An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
Other causes analogous to any of the foregoing.
Source: lawphil.net (PD 442 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.