Gusto mo bang malaman kung paano at kelan pwede mag voluntary resignation, at anong karapatan mo bilang mangagawa tungkol sa topic na ito?
Pwes, panoorin mo itong video na ito.
Playlist - Voluntary Resignation and Constructive Dismissal / Labor Code of the Philippines / Tagalog -[ Ссылка ]
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Timestamp:
0:00 Video Topic
0:54 Voluntary resignation, defined
1:28 How and when to resign
2:27 On the notice requirement
3:14 Immediate resignation
4:15 Pro-tip for immediate resignation
5:05 Separation pay and resignation
6:22 Forced resignation
8:16 Withdrawing a resignation
9:32 Accepting a notice of resignation
10:36 Test of voluntariness
13:09 Resignation as a defense
#baconpalacio #learnlawwithme #tagaloglegaleducator
Tagalog version only.
THIS IS NOT LEGAL ADVICE. If you need legal advice please seek the services of a lawyer.
Footnotes:
1) Labor Code of the Philippines PDF - [ Ссылка ]
2) Resignation; defined:
"Resignation is the formal pronouncement or relinquishment of a position or office. It is the voluntary act of an employee who is in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and he has then no other choice but to disassociate himself from employment." - Central Azucarera de Bais, Inc. and Chan v. Siason, 765 Phil. 399 (2015)
3) Test of Voluntary Resignation:
"The intent to relinquish must concur with the overt act of relinquishment; hence, the acts of the employee before and after the alleged resignation must be considered in determining whether he in fact intended to terminate his employment." - Central Azucarera de Bais, Inc. and Chan v. Siason, 765 Phil. 399 (2015)
4) Defense of Voluntary Resignation:
“In illegal dismissal cases, it is a fundamental rule that when an employer interposes the defense of resignation, on him necessarily rests the burden to prove that the employee indeed voluntarily resigned." - Central Azucarera de Bais, Inc. and Chan v. Siason, 765 Phil. 399 (2015)
Cases Cited:
1) Sicangco v. Metro Drug Corporation, 305 Phil. 102 (1994)
2) Custodio v. First Farmers Milling, and Marketing Cooperative, Association, Inc., 265 Phil. 579 (1990)
3) Intertrod Maritime, Inc. v. De La Cruz, 275 Phil. 351 (1991)
Article 300, Labor Code of the Philippines:
a. 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.
b. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3. 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
4. Other causes analogous to any of the foregoing.
