Resignation in the Philippines is governed by the Labor Code (termination by the employee). The default rule is advance written notice of at least 30 calendar days to the employer, unless the employee has a legally recognized just cause for immediate resignation. This article explains the legal basis, what “30 days” really means in practice, how to compute the period, exceptions, edge cases, and practical tips—with ready-to-use examples.

1) Legal basis and governing principles

General rule: An employee may resign by serving the employer a written notice at least one (1) month in advance. This “one month” is understood in practice as 30 calendar days, unless a valid company policy or contract sets a different but reasonable standard.
Immediate resignation for just causes: No 30-day notice is required if the resignation is due to:
- Serious insult by the employer or its representative;
- Inhuman and unbearable treatment by the employer or its representative;
- Commission of a crime or offense by the employer or its representative against the employee or the employee’s immediate family;
- Illness certified by a competent physician that makes continued employment prejudicial to the employee’s health or to co-workers, and where continued employment is not advisable;
- Analogous causes (e.g., serious breach of contract, grave diminution of pay/benefits tantamount to constructive dismissal).
Freedom to resign vs. employer’s rights: Resignation is a unilateral right; the employer cannot force continued employment. However, failure to observe the required notice may expose the employee to liability for damages if the employer can prove actual business loss due to abrupt departure.
Acceptance of resignation: Employer “acceptance” is not needed for the resignation to be valid. It matters primarily for administrative closure (clearance, turnover) and when the employer waives or shortens the remaining notice.

2) “30 days” — calendar or working days?

Default: Calendar days (Saturdays, Sundays, and holidays are counted).
When “working days” apply: Only if a lawful and reasonable company policy or individual contract clearly stipulates “working days” for notice—or if the parties expressly agree in writing. Absent such terms, do not switch to working-day counting.

3) When does the counting start and end?

Trigger: The day the employer receives the written resignation (proof of receipt is crucial).

Day 0 vs. Day 1: The date of receipt is Day 0. Counting starts on the next calendar day as Day 1.
Effectivity date: The earliest lawful effectivity date is the 30th calendar day counted from (but excluding) the date of receipt.
If the 30th day falls on a non-working day: Employment can still end on that date (employment status isn’t limited to business days). The last actual working day may be the preceding business day, but the separation date stays at Day 30.

Rule of thumb:

Effectivity Date = Date of Employer’s Receipt + 30 calendar days (exclude the receipt date, include the 30th day).

4) Worked examples (calendar-day counting)

For all examples below, assume the resignation letter was received by HR on August 1.

Straight 30-day count
- Start counting August 2 = Day 1
- August 31 = Day 30 ⇒ Employment ends August 31.
- If the office is closed on Aug 31 (a Sunday), last work day might be Aug 29 (Fri), but the employment end date stays Aug 31.
Employer waives remainder (early release)
- If HR releases you effective August 20, the employer waives Days 21–30.
- Employment ends August 20 (no obligation to “pay out” the untaken days unless agreed).
Policy says “15 working days” (validly adopted)
- Count only scheduled working days (skip weekends/holidays).
- If you work Mon–Fri and there are two holidays inside, 15 working days can take about 3+ calendar weeks. Ensure the policy is written, known, and reasonable.
Leave during notice period (calendar-day rule applies)
- Approved leaves, rest days, and holidays still count toward the 30 days if the default is calendar days.
- If the rule is working days, only working days count; leave days typically do not.

5) Delivery, proof of receipt, and effect on computation

Best practice: Hand-deliver to HR and have the letter date-stamped “received,” or send through official channels that record date/time of receipt (company ticketing, HRIS, email with acknowledgment).
If employer delays acknowledgment: Counting is safest from actual receipt (prove via email trail, messenger log, or witness). If disputed, labor tribunals look at evidence of when the employer first received or reasonably should have received the notice.

6) Can the employer require more than 30 days?

Default minimum is 30 calendar days.
Longer periods (e.g., 60–90 days) sometimes appear in contracts—especially for managerial or critical roles. Enforceability hinges on reasonableness and non-impairment of the right to resign.
- What’s generally acceptable: Reasonable extensions that protect legitimate business interests (e.g., lengthy handover for a sole specialist), without penalizing the statutory right to leave employment.
- Red flags: Excessive notice that effectively restrains employment or withholds final pay/clearance to coerce continued work. Withholding statutory benefits to force longer service is not allowed.
Practical middle ground: Parties can agree in writing to a later effectivity date (beyond 30 days) for transition. The employee may also offer garden leave or a fixed turnover schedule to avoid disputes.

7) Payment in lieu of notice, garden leave, and offsetting

Payment in lieu of notice: Philippine law does not require the employer to accept “cash in exchange for notice.” Acceptance is purely by agreement.
Garden leave: Employer may place the employee on paid garden leave during the notice (employee remains employed and must be available to assist).
Offsetting with leave credits: Some employers allow remaining vacation leaves to offset part of the balance. This is by company policy/approval; it’s not automatic.
Offsetting with cash bond/training bond: Only as permitted by lawful written agreements and subject to reasonableness and due process (no blanket forfeitures).

8) Interaction with “just-cause” immediate resignation

If any just cause (Section 1 above) exists and is properly documented, the employee may resign effective immediately without the 30-day notice. Best practices:

State the specific cause and material facts in the letter.
Attach available supporting documents (e.g., medical certificate, incident report).
Offer a handover plan where practicable (even if not required), to reduce controversy.
Be mindful that claims of just cause may be litigated; write factually and avoid unnecessary editorial comments.

9) Special employee situations

Probationary employees: The 30-day notice rule still applies by default (unless a valid policy provides otherwise).
Project/fixed-term employees: If resigning before project/term end, 30-day notice applies unless just cause; contractual damages can be claimed by the employer if abrupt exit causes proven loss.
Union officers or rank-and-file with CBA: Check the CBA; some CBAs refine notice requirements (so long as they do not undercut statutory rights).
Domestic workers (Kasambahay): Governed primarily by the Domestic Workers Act and implementing rules; timelines and grounds can differ—check the written employment contract.

10) Final pay, certificates, and clearance timelines

Final pay: In practice, employers target releasing final pay within 30 days from separation (or as per applicable labor advisories/company policy). This includes pro-rated salary, monetized leaves (if convertible), 13th-month pro-ration, and any other earned benefits, less lawful deductions.
Certificate of Employment (COE): Issued upon request, generally within three (3) days from request in many employer policies; it should not be unreasonably withheld.
Clearance: Employees must return company property, complete handover, and settle accounts. Clearance cannot be used to illegally withhold statutory entitlements, though unresolved accountabilities may be lawfully deducted if supported by policy and due process.

11) Practical drafting and timing checklist

Write a concise resignation letter stating:
- clear effectivity date (≥ 30 calendar days from receipt),
- reason (optional; unless invoking just cause),
- turnover plan (dates, deliverables, successor, document handoffs).
Serve via a channel that records date/time of receipt.
Count 30 calendar days starting the day after receipt.
Coordinate for turnover, knowledge transfer, and asset return.
Confirm final pay and clearance requirements in writing.
Keep copies of everything (letter, proofs of receipt/acknowledgment, turnover checklist).

12) Quick computation guide (calendar-day default)

Let R = date employer receives your resignation (Day 0).
Effectivity earliest date E = R + 30 calendar days (exclude R, include E).
If E is a weekend/holiday, it still counts as your last day of employment; your last working day can be the preceding business day.

Mini table

Receipt (R)	Day 1	Day 30 (E)	Notes
Jan 10	Jan 11	Feb 9	Ends Feb 9 (even if Sunday)
Mar 1	Mar 2	Mar 31	31-day month doesn’t change the “30-day” rule
Aug 1	Aug 2	Aug 31	Typical case
Dec 15	Dec 16	Jan 14 (next year)	Cross-year transitions are fine

13) Frequently asked questions

Q1: My employer “refused to accept” my letter. Does the 30-day clock start? A: The clock starts upon receipt. If physical delivery is refused, send via email to HR and your manager (request read/receipt), or courier with proof of delivery. Keep evidence.

Q2: Can I be marked AWOL if I stop reporting before Day 30? A: Yes—if you do not have just cause and the employer did not waive the remaining days, stopping work early can be treated as AWOL and may justify disciplinary action and lawful deductions for unreturned property or proven losses.

Q3: Can the employer force me to stay beyond 30 days? A: No. They can ask, and you can agree to extend for transition, but they cannot compel you. Failure to agree does not invalidate your resignation.

Q4: I have 10 vacation leave days. Can those “cover” my last 10 days? A: Only if approved by the employer/policy. Otherwise, you’re expected to be available for work or handover during the notice.

Q5: Do sick days suspend the countdown? A: Under the calendar-day default, no—the 30-day clock continues. If a working-day notice is validly applied, only working days count.

Q6: What if my letter sets an effectivity date earlier than Day 30? A: That becomes a request for early release. It takes effect on your requested date only if the employer waives the balance in writing (or clearly by conduct).

14) Model resignation letter (calendar-day default)

Date: [__________]

HR Department
[Company Name]
[Company Address]

Re: Resignation effective [__________] (30-day notice)

Dear [HR/Manager],

Please accept this letter as my formal resignation, with effectivity on [__________], which is at least thirty (30) calendar days from your receipt of this letter. I will continue to perform my duties and will complete the following turnover deliverables: [brief turnover plan]. Kindly advise of clearance procedures and the schedule for final pay and COE.

Thank you.

Sincerely,
[Name]
[Position / Department]

15) Key takeaways

Serve written notice and prove receipt.
Count 30 calendar days from the day after receipt (unless a valid policy says working days).
Employer may waive the balance, accelerate release, or place you on garden leave.
Just causes allow immediate resignation (document them well).
Coordinate turnover, clearance, and final pay to exit cleanly.

If you want, share your receipt date and any policy clauses (e.g., “working days”), and I’ll compute your exact effectivity date and suggest a tailored turnover timeline.