Last updated: based on Philippine law and doctrine in force up to mid-2024. This is general information, not legal advice.

1) Core Legal Framework

Constitutional policy. The 1987 Constitution guarantees employees’ right to self-organization, which includes the freedom to join, not join, or leave a union, and to bargain collectively. Freedom of association necessarily covers the right to resign.

Labor Code (Book V) and DOLE rules. The Labor Code (as amended) and DOLE Department Orders (the D.O. 40 series) govern:

internal union affairs (constitution and by-laws, membership, discipline);
representation (certification, SEBA recognition);
union security clauses in CBAs; and
inter/intra-union disputes (through the Bureau of Labor Relations (BLR) and DOLE Regional Offices), and unfair labor practice (ULP) cases (through the NLRC).

Supreme Court doctrine. Philippine jurisprudence recognizes that:

employees may resign from a union, subject to reasonable rules in the union’s constitution and by-laws;
union security (e.g., closed/union shop) may lawfully require continued membership as a condition of employment, but it is construed strictly and subject to statutory and constitutional exceptions (notably religious-freedom exemptions and protections against coercion);
resignation from a union does not remove an employee from the bargaining unit; the CBA still covers them.

2) Practical Effects of Resigning

Employment continues—usually. Resigning from the union does not by itself terminate employment. However, if the CBA has a union security clause and you no longer meet its membership requirement, the employer may be contractually obliged—upon the union’s written request and proof of valid grounds—to separate you. Key exceptions and safeguards apply (see Section 3).
CBA coverage remains. You continue to be part of the bargaining unit (unless you are actually outside it—e.g., managerial/confidential employees). You still enjoy CBA benefits (wages, leave, benefits, grievance machinery, etc.).
Possible agency (or “service/negotiation”) fees. Non-members who benefit from the CBA may be assessed an agency fee (often equivalent to union dues) if the CBA provides for it and the legal prerequisites are observed. This is not union membership; it is a fee for representation.
Loss of internal rights. You lose membership rights (voting in union elections, holding union office, participating in internal policy decisions). You may still participate in certification or representation processes as an employee if the law allows (e.g., certification elections involve all eligible employees in the bargaining unit, not just union members).
Ongoing grievances. If you hold a union-prosecuted grievance, clarify in writing how it will proceed post-resignation (e.g., substitution of counsel/representative). CBA grievance steps still apply.

3) Union Security Clauses, Exceptions, and Risks

What they are. A union shop requires covered employees to join (and maintain) union membership after hiring; a closed shop requires union membership as a condition for both hiring and continued employment. Other forms include maintenance of membership (must stay if you were a member), and modified/agency shop variants.

Key exceptions/limitations.

Religious freedom exemption. Members of religious sects/denominations that prohibit joining labor unions (a recognized statutory and jurisprudential exemption) cannot be compelled to join; they cannot be dismissed for refusing membership on that ground. Documentation (e.g., sworn statement and proof of affiliation) is crucial.
Employees outside the clause. Managerial/confidential employees; those already employed before a union shop took effect (depending on wording); probationary or casual employees if the clause so provides; or others specifically excluded by the CBA language.
Due process and proof. Even with a valid clause, an employer should not dismiss unless the union proves loss of membership on a ground covered by the clause (e.g., non-payment of dues after due process). Mere resignation without a clause covering it is not a ground for dismissal.
Coercion and ULP. Using threats or harassment to force membership (or prevent resignation) may constitute unfair labor practice.

Practical takeaway. Before resigning, review the CBA’s union security clause and identify any applicable exception. If a clause applies to you and no exception fits, separation risk exists; plan accordingly (see Section 8).

4) Your Rights When Resigning

Right to resign under the Constitution and freedom of association.
Right to be free from coercion or retaliation by either union or employer for exercising the right to join not to join or to leave.
Right to due process in any union disciplinary action (notice of charges, opportunity to be heard, decision per by-laws).
Right to information and inspection of union by-laws and rules relevant to membership and resignation.
Right to representation of your choice in DOLE/NLRC proceedings.
Right to privacy: payroll deductions must follow legal requirements; check-off needs proper authorization or a valid agency-fee basis in the CBA.

5) Standard Procedure to Resign (Step-by-Step)

Step 1 — Review documents. Get and read:

Union Constitution & By-Laws (CBL): membership and resignation provisions (notice period, addressee, form, clearance, unpaid dues).
Collective Bargaining Agreement (CBA): union security clause; check-off/agency fee; grievance/discipline rules.
Any union policies/resolutions on resignations and clearances.

Step 2 — Check your employment classification. Confirm you are rank-and-file within the bargaining unit; managerial/confidential employees cannot lawfully be union members and should not be subject to union security.

Step 3 — Assess union security impact. Identify if a union/closed/maintenance-of-membership clause applies and whether you fit an exception (religious objection, pre-existing employment, exclusions, etc.).

Step 4 — Prepare a written resignation. See model letter (Section 10). Include:

clear statement of resignation from membership;
effective date (often immediate unless CBL sets a notice period);
request for written acknowledgment and final statement of account (dues/assessments up to effectivity);
request for cessation of membership check-off after effectivity;
if applicable, invocation of religious exemption or other exception.

Step 5 — File properly and keep proof.

Submit to the Union Secretary (or the officer designated by the CBL), with copies to the Union President.
Receive-stamp or obtain an email acknowledgment.
If a union security clause exists, furnish HR a copy “for records only,” expressly stating that you remain an employee in the bargaining unit and will comply with lawful deductions (e.g., agency fees) if applicable.

Step 6 — Settle accounts / return union property. Pay any lawful dues up to the effectivity and return identification, records, or assets held by virtue of your union office (if any).

Step 7 — Monitor payroll. Ensure membership dues check-off stops after the effective date; if an agency fee is validly chargeable, confirm the correct rate and basis.

Step 8 — Preserve evidence. Keep your resignation letter, proof of filing, union acknowledgment, and any replies.

6) Special Situations

A) Religious Objection

If your denomination prohibits union membership:

Attach a sworn statement citing the prohibition and proof of affiliation.
Request that the union/employer honor the exemption from union-security-based dismissal.
You may still be subject to agency/negotiation fees if lawful.

B) Officers or Stewards Resigning

Resignation from office is distinct from membership. Follow any turnover rules (hand-over of documents, property).
If you are a signatory to pending grievances/ULP cases, file a notice of substitution/withdrawal of appearance as needed.

C) During Certification or Representation Contests

Employees remain eligible voters in a certification election if otherwise qualified, regardless of union membership.
Resignations around elections are closely scrutinized—coercion or retaliatory dismissals can amount to ULP.

D) Public Sector Employees

Public-sector labor relations are under E.O. 180 and CSC/PSLMC rules, not the Labor Code.
Strikes are prohibited; collective negotiations produce CNCs (Collective Negotiation Agreements).
Resignation from the employees’ organization is generally by written notice per by-laws; “negotiation fees” may be assessed to non-members benefiting from the CNC if rules are satisfied.

7) What Unions and Employers May (and May Not) Do

Unions may:

Enforce reasonable membership rules in their CBL.
Seek agency fees under a valid CBA provision.
Request enforcement of union security, but only upon proof that (a) the clause applies, (b) grounds exist, and (c) due process was observed.

Unions may not:

Refuse to accept a proper resignation indefinitely.
Coerce or harass members to prevent resignation.
Cause dismissal without satisfying the strict requirements for union security enforcement.

Employers may:

Remain neutral on internal union membership.
Process check-off changes prospectively upon proof of resignation.
Act on a union’s written, substantiated request under a valid security clause (after verifying procedural due process).

Employers may not:

Interfere with the right to join or not join a union.
Dismiss employees solely for resigning absent a valid, applicable security clause and due process.
Ignore statutory exemptions (e.g., religious).

8) Risk-Management Before You Resign

Map the clause. Extract the exact wording of the union security provision; list who is covered and exceptions.
Check timing. Some CBAs have grace periods or maintenance-of-membership windows.
Document exemptions. If you rely on religious or other exemptions, prepare clear, contemporaneous proof.
Plan for continuity. If you have pending grievances, engage counsel or designate a representative.
Keep it professional. Avoid statements that could be construed as disloyalty or misconduct; stick to a neutral, rights-based narrative.

9) Remedies if Things Go Wrong

Intra-union dispute (e.g., refusal to recognize resignation, internal discipline without due process):

File with the DOLE—BLR or the DOLE Regional Office that has jurisdiction over inter/intra-union disputes under the D.O. 40 series.
Reliefs may include nullification of unlawful disciplinary actions, orders to accept the resignation, or election/CBL compliance directives.

Unfair labor practice (ULP):

If the union or employer restrains/coerces your exercise of self-organization rights, or causes unlawful dismissal:
- File a ULP complaint before the NLRC (Labor Arbiter). Remedies include reinstatement, backwages, damages, and cease-and-desist orders.

Illegal dismissal (security clause misuse):

Challenge the termination at the NLRC; the union and employer may both be impleaded where appropriate.

Payroll deductions disputes:

For unauthorized or erroneous check-off/agency fees, seek correction through HR; if unresolved, pursue money claims or inter/intra-union remedies as applicable.

10) Model Resignation Letter (Private Sector)

Subject: Resignation from Union Membership

Date: [insert date] To: The Secretary, [Name of Union] Copy to: Union President; Human Resources – [Employer] (for records)

Dear [Union Secretary],

I hereby resign my membership in [Name of Union], effective [effective date].

Please confirm receipt in writing and provide a final statement of account covering any lawful dues/assessments up to the effective date. Kindly cease membership dues check-off thereafter. I acknowledge that I remain an employee within the bargaining unit and will abide by lawful payroll deductions (including any valid agency fee under the CBA).

[If applicable: I invoke the religious exemption to union membership on account of my affiliation with [religious denomination], which prohibits joining labor unions. I enclose my sworn statement and supporting proof.]

I will coordinate the return/turnover of any union property or documents in my possession (if any).

Thank you.

Sincerely, [Your Name] [Position/Department] [Contact details]

11) Frequently Asked Questions

Q1: Can the union refuse to accept my resignation? They must process it in accordance with the CBL. An unreasonable refusal or harassment can be an intra-union dispute or even ULP depending on conduct.

Q2: Do I have to state a reason? Not usually. If you rely on a religious exemption, state it and attach proof.

Q3: Will I lose CBA benefits? No. You remain in the bargaining unit and are covered by the CBA, though you may pay agency fees if validly imposed.

Q4: Can I be dismissed because I resigned? Only if a valid union security clause applies to you, your situation is not within any exception, and due process is observed. Otherwise, dismissal may be illegal and/or ULP.

Q5: Can I join or form another union after resigning? Yes. Freedom of association allows you to join another union or form a new one, subject to legal requirements on representation.

Q6: I’m a government employee—same rules? The public sector has a distinct framework (E.O. 180, CSC/PSLMC rules). The resignation concept is similar, but procedures, remedies, and terms (e.g., negotiation fees, not CBAs) differ.

12) Checklist (One-Page)

Get CBL, CBA, and union rules.
Verify bargaining unit membership & job classification.
Read union security clause; note exceptions.
Prepare resignation letter (effective date, acknowledgment, check-off stop).
File with Union Secretary; copy President and HR (if needed).
Settle dues up to effectivity; return union property.
Monitor payroll; verify stop of dues and any agency fee legality.
Keep all receipts/proofs.
If issues arise, consider DOLE/BLR (intra-union) or NLRC (ULP/illegal dismissal).

Final Notes

Always read the exact language of your CBA and CBL—specific text controls.
If you face a union security risk or a complex situation (e.g., religious exemption, pending grievances, or threatened dismissal), consult a labor lawyer or a DOLE desk officer promptly.