Dear Atty. Vlad,
I have been employed in a restaurant in Quezon City for 10 years. However, since I found a better-paying job in another restaurant, I decided to resign. My manager accepted my resignation.
However, after working for one week, the restaurant suddenly closed its operations. Since I do not have any work and while it was still within 30 days from the time I resigned, I returned to my former employer and retracted my resignation. Despite the retraction, my former manager told me that my resignation became effective already. Is my manager correct? Please help me.
Rose
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Dear Rose,
From what you shared with me, you retracted your resignation because the restaurant where you transferred, closed within one week from the time you started working.
In the case of BMG Records (Phils.), Inc. and Jose Yap, J.r., vs. Aida C. Aparecio and National Labor Relations Commission G.R. No. 153290, 5 September 2007, the Court, citing its earlier ruling in the case of Intertrod Maritime Inc. vs NLRC, (G.R. No. 81087, 19 June 1991, 198 SCRA 318) stated:
“As held in Intertrod Maritime Inc. v. NLRC: ‘Once an employee resigns and his resignation is accepted, he no longer has any right to the job. If the employee later changes his mind, he must ask for approval of the withdrawal of his resignation from his employer, as if he were re-applying for the job. It will then be up to the employer to determine whether or not his service would be continued. If the employer accepts said withdrawal, the employee retains his job. If the employer does not, the employee cannot claim illegal dismissal for the employer has the right to determine who his employees will be. To say that an employee who has resigned is illegally dismissed is to encroach upon the right of employers to hire persons who will be of service to them.’”
From the above ruling, it is clear that, if the employer has not yet accepted one’s resignation, the employee can still withdraw or retract it. In your case, since your manager has already accepted your resignation, you ceased being an employee of your former employer. I hope that I was able to enlighten you based on the facts you stated.
Atty. Vlad del Rosario