Employment Law: Resigning During the Probationary Period in the Philippines
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified legal professional for guidance on specific cases.

I. Introduction

In the Philippines, probationary employment is a common arrangement used by employers to assess a new hire’s performance, qualifications, and overall suitability for a job. While most discussions focus on an employer’s right to terminate a probationary employee who fails to meet company standards, less attention is given to the employee’s right to resign during this period. This article provides an overview of what every probationary employee should know about resigning during the probationary period under Philippine law.

II. Overview of Probationary Employment

A. Definition and Legal Basis

Probationary Employment
Under the Labor Code of the Philippines (often cited under Article 281 in older versions or Article 296 in the renumbered Labor Code), an employee may be placed under probationary status to give the employer an opportunity to evaluate the employee’s competence and fitness for regular employment.
Purpose of Probation
- To allow the employer to determine if the employee is qualified for regular status.
- To allow the employee time to familiarize themselves with the job requirements and work environment.
Duration
By default, probationary employment should not exceed six (6) months from the date the employee started working, unless a shorter or longer period is provided by an agreement that is supported by law (e.g., apprenticeships or training arrangements that may extend the probation).
- If the employee continues to work beyond the six-month period (and there is no valid extension under the law), the employee is generally deemed a regular employee.

III. Legal Grounds and Requirements for Resignation

A. Employee’s Right to Resign

Right to Resign at Any Time
Under Philippine employment law, there is no absolute prohibition preventing a probationary employee from resigning. Generally, an employee—probationary or regular—has the freedom to resign provided they comply with legal requirements.
Advance Notice Requirement
- The Labor Code (Article 285 in older numbering or Article 300 in newer numbering) generally requires an employee to give at least 30 days’ written notice to the employer when resigning without just cause.
- The rationale behind the notice requirement is to prevent work disruption and to give the employer sufficient time to find and train a replacement.
Resignation for Just Causes
- If an employee resigns for valid or just causes (e.g., serious insult by the employer, inhumane treatment, commission of a crime against the employee), the 30-day notice may not be necessary.
- However, in practice, resignations for just causes can be contentious. If there is a dispute, the facts surrounding the resignation may be reviewed by the National Labor Relations Commission (NLRC) or the courts.

B. Written Resignation Letter

Form of Notice
- A resignation letter is typically written and addressed to the employer or HR department.
- It should clearly state the employee’s intention to resign, the intended last day of work, and the date the notice is being given.
Effectivity of Resignation
- Under Philippine jurisprudence, an employer’s acceptance of the resignation is not strictly necessary to render it effective unless stipulated by a specific contract or agreement.
- The resignation typically takes effect after the lapse of the notice period, which is usually 30 days from the date the employer receives the resignation letter (unless a shorter notice period is agreed upon).
Neglecting the 30-Day Rule
- Employees who do not follow the 30-day notice rule may face certain consequences, such as liability for damages if their abrupt departure caused demonstrable harm to the employer.
- Some companies may have internal policies that allow for a shorter notice. Employees should check their company’s policy, employment contract, or collective bargaining agreement (if applicable).

IV. Key Considerations for Probationary Employees

A. Company Policies vs. Labor Code

Even though the Labor Code provides the basic framework, a company’s internal policies can specify detailed procedures for probationary employees. These policies must not violate the minimum standards set by law. Employees should be aware of and comply with:

Company Handbook or HR Manual
- Contains detailed steps on how to tender a resignation.
- May impose a specific protocol or form for the resignation letter.
- Could stipulate a specific person or department (such as HR or the direct supervisor) to whom the notice should be addressed.
Employment Contract
- Some employment contracts include a clause detailing resignation procedures or conditions, including a prescribed notice period for probationary employees.
- Carefully review this document to ensure compliance.

B. Early Resignation During Probation

No Obligation to Continue
- Even though the main purpose of probation is for the employer to evaluate the employee, employees are not obligated to remain if they decide to leave for personal or professional reasons—provided they follow the required notice period.
Potential Consequences
- Loss of benefits: Probationary employees are generally not yet vested with certain benefits that regular employees enjoy (e.g., security of tenure, certain allowances, leaves, or bonuses, depending on company policies).
- References/Employment Records: Leaving abruptly or without proper notice could affect references or future verification of employment.

C. Clearance and Final Pay

Clearance Process
- Most companies have a clearance procedure to ensure all accountabilities (e.g., company property, financial obligations) are settled before final pay is released.
- Probationary employees are subject to the same clearance process as regular employees.
Final Pay
- After resignation, the employer must release any compensation due (salary for days worked, pro-rated 13th month pay, and any accrued leave benefits that are convertible to cash, if applicable) within a reasonable period.
- No “Bond” or “Placement Fee”: In general, legitimate companies in the Philippines do not charge employees for resigning, unless there is a valid training agreement or similar arrangement where the employee agreed to reimburse certain expenses if they leave before the agreed period.

V. Practical Steps for Probationary Employees Considering Resignation

Review Your Employment Contract and Company Policy
- Check for any stipulations on notice period, training bonds, or other conditions that might affect resignation.
Draft a Proper Resignation Letter
- Clearly state your intention, the last day of employment (usually 30 days from the notice date unless otherwise agreed), and thank the employer for the opportunity.
- Keep your tone professional and polite.
Submit the Notice in Writing and Keep Records
- Provide your resignation letter (preferably with an acknowledgment stamp or email confirmation) to HR or the authorized recipient.
- Keep a copy of the letter or email as proof.
Coordinate the Transition
- During the notice period, cooperate in handing over responsibilities.
- Complete any clearance forms and return company property.
Stay Informed About Your Final Pay
- Ask HR about the timeline and procedure for the release of your final compensation and any remaining benefits.

VI. Frequently Asked Questions (FAQs)

Is it legal to resign without rendering a 30-day notice while on probation?
- While the Labor Code requires a 30-day notice, some employers may agree to a shorter period. Officially, resigning without following the 30-day notice can expose you to liabilities if it causes damage or financial loss to the employer. However, the employer may choose to waive or shorten the notice period.
Can my employer refuse to accept my resignation?
- As a general rule, an employer cannot force an employee to stay. A resignation typically becomes effective upon the lapse of the notice period—even if the employer does not formally “accept” it—unless your contract specifies otherwise.
Do probationary employees have to pay anything if they resign early?
- In most cases, no. However, if you signed a training bond or similar contractual agreement where you committed to stay for a certain period or reimburse training costs, you may have to pay those costs if you leave before fulfilling your obligation.
Does my probationary period automatically terminate once I resign?
- Your probationary employment ends on your effective date of resignation. If you gave 30 days’ notice, you remain a probationary employee (subject to the terms and conditions of that status) until your last day.
What happens to my back pay and 13th month pay if I resign during probation?
- You are entitled to any earned wages and pro-rated benefits, including the proportionate 13th month pay for the period you rendered service. The employer should release these following the company’s clearance process and within a reasonable period after your final day.

VII. Conclusion

Resigning during a probationary period in the Philippines is a right afforded to employees, provided they follow the law’s notice requirement and any reasonable company policies. A well-documented, polite, and transparent resignation process minimizes conflicts and preserves professional relationships. By understanding the legal framework, employees can ensure a smoother exit—even while on probation—and safeguard their rights to any due pay or benefits.

If you are a probationary employee considering resignation, it is advisable to consult a labor lawyer or the Department of Labor and Employment (DOLE) for guidance on your specific situation, especially if any unique clauses or just causes are involved. This ensures that you comply with the legal requirements and protect your interests throughout the process.