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:
Establishment details: business name, TIN/registration, address, industry, contact person.
Coverage period or date of separation.
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
Company actions: whether DOLE, PESO, or company provided placement assistance, referral to vacancies, skills profiling, etc.
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
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).
Acknowledge & plan turnover
- Issue an acknowledgment with: LWD; handover checklist; clearance steps; return-of-property; cutoffs for incentives/commissions.
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.
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.
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.
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.