DOLE Termination Report Form for Voluntary Resignation Philippines

A practitioner-style guide for HR, payroll, and compliance teams on reporting separations due to voluntary resignation, with legal context, timelines, form walkthroughs, payroll off-boarding, and dispute-proof documentation.


1) Why this matters

  • Reporting resignations to DOLE through the Establishment Termination Report (RKS Form 5) keeps your company compliant with labor market monitoring and displacement assistance programs.
  • Even if a resignation is entirely voluntary, it is still a separation from employment—and is normally included in the establishment’s periodic/incident termination reporting to the DOLE office with jurisdiction over the workplace.
  • The report does not convert a resignation into a dismissal. It merely records the fact of separation and the reason code (“resignation” or equivalent).

2) Legal backdrop you should align with

  • Termination by employee (resignation). The Labor Code recognizes voluntary resignation when the employee gives written notice at least 30 days in advance, unless there is a just cause to resign without notice (e.g., serious insult, inhumane treatment, etc.).

  • No acceptance needed to be valid. An employer’s “acceptance” is not what makes a resignation effective; it primarily sets administrative cutoffs.

  • DOLE reporting duty (establishment level). Establishments commonly file RKS Form 5 to DOLE for any separation, indicating the category (e.g., resignation, end of contract, just cause, authorized cause, retirement).

    • For authorized causes (closure, redundancy, retrenchment, installation of labor-saving devices), there are stricter advance-notice and reporting rules.
    • For voluntary resignations, the practice is to include the case in the RKS Form 5 submission covering the period when the resignation took effect (see §4).

Bottom line: If someone leaves your payroll, plan to have it appear in RKS Form 5 with the correct reason code and details.


3) The form you’ll use: RKS Form 5 (Establishment Termination Report)

While layouts vary slightly by region/portal, the form typically requests:

  1. Establishment details: business name, TIN/registration, address, industry, contact person.

  2. Coverage period or date of separation.

  3. Worker roster of separations: for each separated employee—

    • Full name, sex, age, position/job title, department
    • Employment status (probationary/regular/project/seasonal/fixed-term)
    • Date hired & date of separation
    • Reason for separation (choose Resignation / “Voluntary” as applicable)
    • Basic wage and, in some versions, work schedule/divisor
  4. Company actions: whether DOLE, PESO, or company provided placement assistance, referral to vacancies, skills profiling, etc.

  5. Authorized signatory: name, designation, signature, and date.

Tip: Some jurisdictions offer online submission; others accept email or in-person filings. Keep the transmittal proof (screenshot, stamped copy, or acknowledgment email).


4) When to file for resignations

  • Practical compliance standard: File the RKS Form 5 promptly after the resignation takes effect, and not later than the establishment’s regular reporting cadence (e.g., monthly or as instructed by your DOLE Field/Provincial/Regional Office).
  • If multiple separations occur in a period, you may file one consolidated RKS Form 5 listing all separated employees—including those who resigned—for that period.
  • Do not delay beyond payroll cutoffs: RKS filings often feed government placement/assistance data; late reporting can draw follow-ups.

For authorized-cause terminations (not resignations), remember the 30-day advance twin-notice rule to employees and DOLE. Resignations don’t require this employer filing in advance, but should appear in the establishment’s RKS report when they occur.


5) HR workflow for a clean resignation + DOLE report

  1. Employee notice

    • Get a signed written resignation stating last day (LWD). If the employee resigns effective immediately, document whether a waiver of 30-day rendering was accepted by management (or the just cause for immediate resignation).
  2. Acknowledge & plan turnover

    • Issue an acknowledgment with: LWD; handover checklist; clearance steps; return-of-property; cutoffs for incentives/commissions.
  3. Finalize pay & documents

    • Final pay (e.g., earned wages, pro-rated 13th month, commuted unused leave if convertible, and other due pay) — release within 30 days from separation, unless a more favorable period applies.
    • Certificate of Employment (COE) — issue within 3 working days upon request.
    • BIR Form 2316 — issue at year-end or upon request/transfer as applicable.
  4. Prepare evidence bundle (keep internally; not all items go to DOLE)

    • Resignation letter; acknowledgment; clearance; final pay computation; quitclaim (if executed); IDs/access revocation logs.
  5. Submit RKS Form 5

    • Include the resigning employee in the RKS roster with Reason: Resignation/Voluntary and exact date of separation.
    • Keep proof of filing.
  6. Record retention

    • Keep resignation and RKS files under your document retention policy (often 3–5 years minimum for payroll/statutory).

6) How to fill RKS Form 5 correctly for a resignation

  • Reason code: Select Resignation (or “Voluntary”)—avoid mis-coding as “end of contract,” “AWOL,” or “just cause.”
  • Separation date: Use the actual last day of work (or payroll separation date if different—be consistent with final pay).
  • Employment status: Indicate correct status; mis-stating a regular employee as probationary can backfire in disputes.
  • Wage field: State basic daily/monthly rate accurately; include notes if wage changed near separation.
  • Remarks: If the 30-day rendering was waived by the employer or the resignation was immediate for just cause, a short remark helps future audits.

7) Resignation vs. other separations (know the borders)

Scenario RKS reason to use Notes
Employee leaves with 30-day notice (or waived) Resignation Usual case
Employee stops reporting without notice AWOL/Abandonment Do not code as resignation unless a formal resignation exists
End of fixed term/project End of Contract/Project Not a resignation
Retirement under policy Retirement Separate category
Dismissal for just cause Just Cause Attach to your internal file the due-process documents
Redundancy/Retrenchment/Closure Authorized Cause Advance twin-notices to employee & DOLE apply (not a resignation)

8) Off-boarding pay items commonly implicated by resignation

  • Earned wages up to LWD
  • Overtime/ND/holiday premiums not yet paid
  • Pro-rated 13th month pay (unless already paid in full)
  • Convertible unused leaves (per law/CBA/company policy)
  • Deductions: only lawful and documented (e.g., unreturned items, authorized loans).
  • Tax: compute withholding properly; issue tax docs as required.

Quitclaims: They are valid if voluntary, with full understanding, and for a reasonable consideration. A quitclaim cannot waive non-negotiable statutory benefits.


9) Data privacy & people risk

  • Only transmit to DOLE the information required by the form.
  • Secure personal data (IDs, contact numbers, salaries) in line with Data Privacy Act standards.
  • Limit internal access to need-to-know HR/payroll staff.

10) Frequently asked questions

Q1: Must we file RKS Form 5 for every single resignation? A: As a safe compliance practice, yes—include all separations in your periodic RKS filing and tag the proper reason.

Q2: The employee resigned effective immediately and we accepted. Any DOLE issue? A: None specific to DOLE if it is a bona fide resignation; simply reflect it in the RKS report, and ensure final pay and COE timelines are met.

Q3: The employee insists on “resigned,” but we processed as AWOL. A: Don’t mis-code. If there is no written resignation and the employee abandoned work, use the appropriate AWOL/abandonment tag (and keep due-process memos for your defense). If a late resignation was submitted and accepted, align the coding.

Q4: Can an employee withdraw a resignation? A: Only with employer consent. If you’ve already processed separation and filed RKS, a re-hire or rescission should be documented and, if needed, clarified with DOLE records in your next report.

Q5: Do probationary or project employees who resign go in the same form? A: Yes. Reason = Resignation; status = probationary/project.


11) Model internal templates

A) Acknowledgment of Resignation

We acknowledge receipt of your resignation dated [date], effective [last working day]. Clearance and turnover will run from [dates]. Final pay will be released on or before [date]. COE will be issued upon request.

B) RKS Working Roster (for your HR file)

  • Name | Position | Status | DOH | LWD | Reason | Basic Wage | Remarks

12) Compliance checklist (HR)

  • Written resignation on file (or justification for immediate effectivity)
  • Acknowledgment issued with LWD and turnover steps
  • Clearance completed; property returned/documented
  • Final pay computed and released on time; payslip/ack provided
  • COE prepared/issued upon request
  • BIR 2316 and other statutory docs queued
  • RKS Form 5 filed for the period, with Reason = Resignation
  • Proof of RKS filing archived (stamp, email ack, portal ref no.)
  • Records retained per policy; data privacy safeguards applied

13) Key takeaways

  • RKS Form 5 is the right vehicle for reporting voluntary resignations to DOLE.
  • File it promptly for the period when the resignation takes effect, with accurate reason coding and complete fields.
  • Keep the resignation fully papered (notice, acknowledgment, clearance, final pay, COE) to prevent later disputes—and to make any audit frictionless.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.