I. Governing Laws and Principles

The primary law governing resignation and termination in the Philippines is the Labor Code (Presidential Decree No. 442, as amended), particularly Articles 285 and 286 (now renumbered as Articles 300 and 301 in the 2018 DOLE renumbering).

Key related laws include:

Republic Act No. 11036 (Mental Health Act of 2018) and its IRR
Republic Act No. 11313 (Safe Spaces Act) – covers workplace sexual harassment and psychosocial hazards
DOLE Department Order No. 208, series of 2020 (Guidelines on Mental Health Workplace Policies and Programs)
DOLE Department Advisory No. 01-2020 (Supplemental Guidelines on Mental Health in the Workplace)
Jurisprudence from the Supreme Court on constructive dismissal involving mental health (e.g., Uniwide Sales Warehouse Club v. NLRC, G.R. No. 154503, 2009; Siemens Philippines v. Domingo, G.R. No. 150488, 2007; The Philippine American Life and General Insurance Co. v. Gramaje, G.R. No. 156963, 2004)

II. General Rule: 30-Day Notice Requirement (Article 300[a])

An employee who resigns without just cause must render a written notice at least 30 days before the intended date of resignation.

Failure to give the 30-day notice makes the resignation effective only after the 30-day period, unless the employer waives it or accepts the immediate effectivity.

If the employee stops reporting without completing the 30 days and without waiver, the employer may:

Treat the remaining period as unpaid leave, or
In extreme cases, consider it abandonment (AWOL leading to termination for cause), though courts are strict in proving abandonment.

III. Exception: Immediate Resignation With Just Cause (Article 300[b])

An employee may resign immediately, without the 30-day notice, if there is just cause, namely:

Serious insult by the employer or representative on the honor/person of the employee
Inhuman and unbearable treatment accorded the employee
Commission of an offense against the employee or immediate family member
Other causes analogous to the foregoing

Severe mental health deterioration caused or aggravated by the work environment (toxic culture, harassment, excessive workload, bullying, discrimination, etc.) has been repeatedly accepted by the Supreme Court as falling under “inhuman and unbearable treatment” or analogous cause.

IV. Mental Health as Valid Ground for Immediate Resignation

The Supreme Court has consistently ruled that work-related stress, anxiety, depression, or other mental health conditions that make continued employment prejudicial to the employee’s health constitute just cause for immediate resignation.

Landmark rulings:

McMer Corporation v. NLRC (G.R. No. 193421, June 20, 2012) – Employee who suffered severe depression due to harassment was allowed immediate resignation.
Philippine Aeolus Automotive v. NLRC (G.R. No. 124617, April 28, 2000) – Resignation due to illness (including mental illness) caused by work conditions is considered involuntary.
JRS Business Corporation v. NLRC (G.R. No. 131569, March 25, 1999) – Employee who resigned due to extreme stress and anxiety caused by employer’s actions was declared constructively dismissed.

Thus, an employee suffering from clinical depression, severe anxiety disorder, panic attacks, PTSD, or burnout directly traceable to workplace conditions may resign immediately without liability and may even claim constructive dismissal.

V. Constructive Dismissal via Mental Health Deterioration

When an employee is forced to resign because the employer made working conditions intolerable, leading to mental health breakdown, this is constructive dismissal – an illegal termination in disguise.

The employee is entitled to:

Full backwages from date of constructive dismissal until finality of judgment
Separation pay (if not reinstated)
Moral and exemplary damages (if bad faith is proven)
Attorney’s fees (10%)

Proof required:

Medical certificate from a psychiatrist (preferably DOH-accredited)
Evidence linking the mental condition to workplace factors (emails, messages, witnesses, performance reviews showing sudden decline, complaints filed, etc.)

VI. Employer Threats of AWOL: Illegal and Actionable

It is a common illegal practice for employers or HR to threaten employees who tender immediate resignation due to mental health with:

“We will mark you AWOL”
“No final pay until you render 30 days”
“We will not issue Certificate of Employment”
“We will file abandonment case”

These threats are illegal for the following reasons:

Once a written resignation letter is submitted (even immediate), the employer-employee relationship is severed on the date stated. The employee cannot be marked AWOL for not reporting after resignation date (DOLE Explanatory Bulletin on Resignation, 1996).
Withholding of final pay, 13th-month pay, SIL conversion, and other benefits for failure to render 30 days is illegal when resignation is for just cause (Article 300[b]).
Refusal to issue Certificate of Employment is punishable under RA 10911 (Anti-Age Discrimination Law) and DOLE rules.
Threats intended to coerce the employee into withdrawing resignation or continuing work despite mental health crisis may constitute harassment under the Safe Spaces Act and DOLE D.O. 208-2020.

Employees facing such threats may immediately file complaints for:

Illegal withholding of wages (DOLE Single Entry Approach – 30-day mandatory conference)
Constructive dismissal (NLRC within 4 years)
Moral/exemplary damages

VII. Proper Procedure for Immediate Resignation Due to Mental Health

To maximize protection:

Submit a formal resignation letter (via email with read receipt, registered mail, or personal delivery with receiving copy) stating:
- “I am resigning effective immediately due to serious health reasons (severe depression/anxiety) caused/aggravated by workplace conditions, constituting just cause under Article 300[b] of the Labor Code.”
- Attach psychiatrist’s medical certificate (highly recommended).
Copy DOLE Regional Office and/or NLRC (for documentation).
Demand release of final pay, COE, and SSS/NHIP/Pag-IBIG contributions within 7 days from resignation date.
If threats are made, file SENA request at DOLE within 10 days for speedy resolution.

VIII. Employer Obligations Under Mental Health Laws

Under RA 11036 and DOLE D.O. 208-2020, employers with ≥10 employees must:

Formulate and implement a Mental Health Workplace Policy
Provide reasonable accommodation for employees with mental health conditions
Protect confidentiality of mental health information
Prevent stigma and discrimination

Failure to accommodate an employee experiencing mental health crisis (forcing continued work, denying leaves, harassment) strengthens the employee’s case for constructive dismissal.

IX. Remedies Available to the Employee

Money claims (final pay, SIL, 13th month, damages) – DOLE SENA or NLRC
Illegal/constructive dismissal case – NLRC (appealable to CA and SC)
Criminal complaint for violation of Safe Spaces Act (if sexual harassment involved)
Administrative complaint against HR personnel for violation of DOLE orders
SSS Sickness Benefit (if diagnosed with mental disorder qualifying under SSS guidelines)

X. Conclusion

In Philippine law, mental health is a legitimate and protected ground for immediate resignation without the 30-day notice requirement. When workplace conditions cause or aggravate severe mental health issues, the employee has the absolute right to resign immediately without fear of AWOL charges or withholding of benefits. Employer threats of AWOL in such circumstances are not only baseless but constitute harassment and bad faith.

Employees are strongly encouraged to document everything, secure medical certification, and seek immediate assistance from DOLE or a labor lawyer. The Supreme Court has consistently ruled in favor of protecting employee mental health over rigid adherence to the 30-day notice rule when just cause exists.

Your mental health is not negotiable. The law is on your side.