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Want to Resign Immediately From Work? You Don’t Need a 30-Day Notice If...

There’s a loophole if you can’t wait a month to leave your job.
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So you want to resign from work. You’ve considered all the options, talked to family and friends, and even prayed about it. But in the end, you’ve decided that you just can’t take it anymore. You want to go into work the next day and just resign immediately.

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But wait: Doesn’t the company require you to inform them ahead of time if you’re leaving? The so-called 30-day notice?

Not necessarily.

What is immediate resignation

According to the Philippines’ Labor Code, there’s such a thing as immediate resignation, or resigning with just cause. If you’ve ever heard of a company terminating an employee for just cause, it’s like that, only the other way around.

Article 285 of the Labor Code recognizes two kinds of voluntary resignation (or termination of employee): without just cause and with just cause.

If you found another job with better pay, or because it’s closer to where you live, that falls in the first category. You’re resigning without just cause. In this case, you need to inform your employer by way of written notice—aka the resignation letter. And yes, you need at least a month’s notice before your last day at work. (The length of time depends though. Some companies might even extend it to two months, others might be more lenient and can let you go in just a couple of weeks)

Now, you can resign immediately and not have to wait the required 30 days if you’re resigning with just cause. You don’t even have to hand in a resignation letter for that matter.

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What constitutes just cause? We turn again to Article 285 of the Labor Code which defines “just cause” as the following: serious insult to the honor and person of the employee; inhuman and unbearable treatment accorded the employee by the employer or his representative; crime committed against the person of the employee or any immediate members of the employee’s family; and other similar causes. 

(Fair warning though: employees who voluntarily resign from work are not entitled to separation pay. According to the Labor Code,  separation pay applies only to those who were dismissed from service not due to their own fault or negligence but for reasons that are beyond their control, such as business closure, cessation of operation, retrenchment to prevent losses, etc.)

So if you feel like your impending resignation satisfies one or more of the requirements mentioned above, then you’re well within your rights to break up with your company with a text or an email to your boss. Heck, you can even ghost them if you want.

Just be ready to defend yourself if they ever come after you.

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About The Author
Paul John Caña
Associate Editor, Esquire Philippines
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