Dear Atty. Angela,
I have been working for an IT start-up company for a year now, and I find the environment very toxic. I could no longer stand my rude boss, and I just want to leave the company immediately. Is it okay to send a text message saying that I will no longer report to work?
Che
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Dear Che,
A text message signifying the intent to resign effective immediately is not the proper way of resigning under Philippine Labor Law. The law states that an employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. Also, the employer upon whom no such notice was served may hold the employee liable for damages.
When an employee resigns without providing notice to the employer, this can be extremely inconvenient. Here, the company is deprived of the opportunity to find a replacement or undertake a proper handover, and the employee may have a lot of incomplete work that will have to be completed by other employees in the workplace.
Although it is not illegal for employees to resign without notice, there are still several consequences employees can face. A significant consequence that employees may face is that employers are generally allowed to withhold money they owe an employee for resigning without providing notice, especially when this is provided for in the contract. The amount that an employer is allowed to withhold is determined by what an employee would have earned if he had provided the employer with a notice.
However, since the 30-day notice is for the employer’s benefit, this period may likewise be waived. Thus, in Paredes vs Feed the Children Philippines Inc., G.R. 184397 (2015), the Supreme Court elucidated that the rule requiring an employee to stay or complete the 30-day period prior to the effectivity of his resignation becomes discretionary on the part of management as an employee who intends to resign may be allowed a shorter period before his resignation becomes effective. Hence, as part of management prerogative, an employer has the right to move the effectivity date to an earlier date.
Atty. Angela Antonio