Employee resignations cannot be legally rejected

Unlike the courtesy resignation tendered by Energy Secretary Carlos Jericho Petilla, which was rejected by the president, in the private sector, employers cannot legally disapprove an employee's decision to stop working. To do so would be tantamount to compelling a worker to work against his will. That would be, in effect, an involuntary servitude, which is not only illegal but is, in fact, explicitly prohibited by no less than the Constitution. Involuntary servitude is the legalistic term for slavery, which has been condemned, as early as the American occupation, as blatantly violative of the international standards of human and workers' rights.

Strictly speaking, even in government, if a public official tenders an irrevocable resignation, like the one made by the Customs Commissioner Ruffy Biazon, the same cannot be legally disapproved. Although Cabinet members and those occupying highly sensitive positions, like being Commissioner of Internal revenue, Customs or Immigration, do remain in their posts at the pleasure of the appointing power, the president. The moment these officials come to the ultimate decision of leaving their posts, not even the Chief Executive can stop them. Compulsory civic or military duties are exceptions, rather than a rule.

In the private sector, the only requirement imposed on a resigning employee, is to give a thirty-day advanced notice to the employer. This is to give time to look for replacement and to turn-over all documents and unfinished tasks or projects to the incoming successor. They are not even obliged to give a reason or a just cause for leaving. If they fail to do so, the employer may hold the employee for damages. This may take the form of withholding his or her last month salary so as to pay whatever unpaid obligation that the employee might have incurred in course of employment. In case there is still a balance of the one-month salary, the same shall be turned over to the regional office of the Department of Labor and Employment.

Under the Labor Code, the thirty-day advanced notice may be dispensed with under 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 or his representative, 3. Commission of a crime or offense by the employer or representative against the person of the employee or any of the immediate member of his family, and 4. Other causes analogous to any of the foregoing. If an employee is insulted by the company president during a Christmas party, he can just walk away without any need for notice.

A resigning employee is entitled to all unpaid wages for services rendered, a proportionate thirteenth month pay and to a certificate of employment indicating the period of employment. If so provided by the company policy or established company practice, he may be also entitled to a separation or resignation benefits commensurate with his or her length of service, and again if so provided, to the encashment of all unused vacation and sick leave and other leave benefits. He or she, however, must get a complete clearance of all money and property accountability. He must return all equipment, tools, cars and laptops assigned to him or her, unless there is an option to buy them at book value, or at whatever reasonable and fair cost. They must also turn over all pending tasks and projects.

Those who had been trained at company's expense, and who fail to fulfill their obligation to render a number of years of service, must pay the cost of training. If they fail to pay, the company can file a civil suit against them with damages if warranted by the facts. This, however, does not justify disapproval of the employee's resignation. If the worker has the right to work, they certainly have the right also to stop working. Nobody, not even employers or the government can compel any person to render work against his or her will. Employment is a consensual contract. The consent of both the employer and the employees is an essential element for the validity of the contract. Resignation is an explicit withdrawal of the employee's consent.

In fact, all Cabinet members should tender their resignations every end of the year, if only to give the president a blanket opportunity to start the New Year with a clean slate. This is not necessary for the private sector employees though.