Everything An Employee Must Know About Resignation

Resignation is a major decision which you will likely do at least once in your life.

Below we have prepared Frequently Asked Questions on resignation.

Can I be forced to resign?

No. Resignation must be voluntary. If you are forced to resign by your boss or your company either directly or through making it unbearable for you to work, that is illegal dismissal which you can dispute before the Department of Labor and Employment (DOLE).

I want to resign but my boss won’t let me. Is that allowed?

No. That is not allowed. Being forced to work would constitute involuntary servitude otherwise known as slavery. You have the right to resign and stop working for your current employer.

Can I resign and stop working immediately?

The Labor Code requires that you give the employer 30-days advance notice. However, the employer can actually waive or reduce the period if he/she wants. So if you are leaving on good terms, you may try to negotiate.

By when should I get my last pay?

The DOLE requires that the employer release your final pay within 30 days.

What about clearance?

You are required to return to the employer all company property you have in your possession. The company can withhold your final pay until you return the company properties or funds you owe them. They cannot withhold your final pay for any other reason.

What about if I need a certificate of employment?

The employer is required to give a certificate of employment within 3 days from your request. This applies whether you are still employed or not with the company.

Do I still get separation pay if I resign?

No. Unfortunately, you will only get separation pay if it was your employer who chose to terminate you.

Do I still get my 13th month pay if I resign?

Yes. You will get pro-rated 13th month pay based on the number of months you worked in the company for the calendar year. You can find out more about 13th month pay in Everything an Employee Should Know about 13th Month Pay.

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