Labor Law 2

NOTICES REQUIRED IN TERMINATION OF EMPLOYMENT UNDER ARTICLE 283.
a. Notice requirement, mandatory.

b. Rationale for the notice requirement.
c. Knowledge by the employee of the redundancy program prior to service of notice, not
material.
d. Notice should be served to affected employees individually.
e. Posting of notice on the bulletin board, not sufficient.
f. Notice to DOLE need not be complies with in case of voluntary personnel reduction program.
g. Notice to DOLE is unnecessary if NCMB supervised the negotiation for the separation package.
h. Advance payment of one month salary, not a substitute of written notice requirement.
i. One-month notice requirement applies to both permanent and temporary lay-off.
TERMINATION OF EMPLOYMENT BY EMPLOYEE. (RESIGNATION)
What are the requisites for termination of employment by employee without just cause?
1. Written (not verbal or oral) notice of the termination (commonly known as
resignation letter); and
2. Service of such notice to the employer at least one (1) month in advance.
Acceptance of resignation, necessary.
Acceptance of the resignation tendered by an employee is necessary to make

the resignation effective.
Withdrawal of resignation; effect of acceptance thereof.
A resignation tendered by an employee, irrespective of whether it was made

revocable or irrevocable, may still be withdrawn anytime before its acceptance by the
employer. Once accepted, however, withdrawal thereof can no longer be made by the
resigning employee, except with the consent or agreement of the employer.
Assumption of new job by employee prior to employers acceptance of resignation, effect.
The Assumption of a new job by an employee prior to receiving his employers

acceptance of his resignation is clearly inconsistent with any desire to remain in
employment. His resignation is, therefore, deemed effective.
Employment elsewhere during the pendency of case, effect.

Re-employment after acceptance of resignation.
A resigned employee who desires to take his job back has to reapply therefor, and
he shall have the status of a stranger who cannot unilaterally demand an appointment. He
cannot arrogate unto himself the same position which he earlier decided to leave. To allow
him to do so would be to deprive the employer of his basic right to choose whom to employ.
It has been held that an employer is free to regulate, according to his own discretion and
judgment, all aspects of employment including hiring. The law, in protecting the rights of the
laborer, impels neither the oppression nor self-destruction of the employer.
Acts before and after resignation should be considered to determine its validity.
Resignation and execution of quitclaim, effect.
What are the just causes for termination of employment by employee with just cause?
What are the requisites for serious insult as a ground to terminate employment by
employee?
What are the requisites for serious inhumane and unbearable treatment as a ground to
terminate employment by employee?
What are the requisites for commission of crime as a ground to terminate employment by
employees?
What are other analogous causes that may be invoked as a ground to terminate
employment by employee?
What are the distinctions between constructive dismissal and forced resignation?
Resignation letter written and prepared by employer; effect.
Resignation letters similarly worded and of same tenor, effect.
Voluntariness of resignation may be inferred from the language thereof.
Act of employer in giving the employee the choice between resignation or investigation,
not illegal.
In a case where he employer asked the employee to submit her resignation

letter or, if not, to submit her written explanation to the complaints against her, and
consequently, the employee immediately filed a complaint for illegal dismissal thereby
preempting an investigation by the employer on the matter, the Supreme Court ruled
that the employer did not violate any law when it gave the employee the option to
resign instead of being separated for just cause, so as not to smear her employment
record.
Failure of employer to criminally prosecute employee who resigned, effect.
Filing of complaint negates resignation; exception.
The general rule is that the filing of a complaint for illegal dismissal is
inconsistent with resignation.
Expression of gratitude to employer, effect.
A resignation letter which contains words of gratitude and appreciation to the

employer can hardly come from employees who are forced to resign.

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NOTICES REQUIRED IN TERMINATION OF EMPLOYMENT UNDER ARTICLE 283.

a. Notice requirement, mandatory.

TERMINATION OF EMPLOYMENT BY EMPLOYEE. (RESIGNATION)

Acceptance of resignation, necessary.

Acceptance of the resignation tendered by an employee is necessary to make

Withdrawal of resignation; effect of acceptance thereof.

A resignation tendered by an employee, irrespective of whether it was made

Assumption of new job by employee prior to employers acceptance of resignation, effect.

The Assumption of a new job by an employee prior to receiving his employers

Employment elsewhere during the pendency of case, effect.

In a case where he employer asked the employee to submit her resignation

Failure of employer to criminally prosecute employee who resigned, effect.

Filing of complaint negates resignation; exception.

Expression of gratitude to employer, effect.

A resignation letter which contains words of gratitude and appreciation to the

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