1. Statutory Foundations

Law / Issuance	Core rule on notice	Coverage
Labor Code Art. 300 (old Art. 285)	30-calendar-day written notice for voluntary resignations; immediate exit allowed if “just causes” exist	Private-sector employees (RESPICIO & CO.)
R.A. 10361 (Batas Kasambahay) §32	5-day written notice; immediate exit if just cause	Domestic workers (“kasambahay”) (Labor Law Library, International Labour Organization)
CSC M.C. 12-2017 (Gov’t service)	Letter of resignation deemed accepted after 30 days if the appointing authority does not act sooner	Career civil servants (Civil Service Commission)
POEA/SEC Standard Contracts	Usually 14-day notice for seafarers unless compassionate grounds	Filipino seafarers (contractual)
Company policy / CBA / contract	May lengthen or shorten the period if mutually agreed; cannot override statutory minima that favor the employee (e.g., 5 days for kasambahay) (RESPICIO & CO.)

2. Counting the 30 Days

Starts the day after the employer receives the written notice.
Calendar—not working—days are counted unless the CBA or handbook says otherwise.
The rule is for the employer’s benefit; management may waive or shorten it, or place the worker on paid “garden leave” during the balance. Supreme Court: Paredes v. Feed the Children (G.R. 184397, 9 Sept 2015). (Philippine Law Firm, Araneta Parker Law, BusinessWorld Online)

“Garden leave”

Employer pays full salary & benefits but keeps the resignee off-site to protect data or morale. It satisfies the 30-day rule so long as pay continues. (BusinessWorld Online, RESPICIO & CO.)

3. Immediate (“Just-Cause”) Resignation

No prior notice is needed when any of the Labor Code grounds exist:

Serious insult to the employee’s honor/person.
Inhuman or unbearable treatment by the employer.
Commission of a crime against the employee or immediate family.
Other analogous causes (e.g., chronic non-payment of wages, dangerous workplace). (RESPICIO & CO., InCorp Philippines)

The burden of proof that the cause exists rests on the employee; if proven, departure is effective immediately upon notice (or upon the act itself if notice is impossible).

4. Liability When Notice Is Not Served

“The employer upon whom **no such notice was served may hold the employee liable for damages.” – Art. 300, Labor Code.

Damages are civil—not criminal—and must be proven (e.g., cost of urgent replacement, lost sales). They cannot be deducted unilaterally from salaries unless the employee authorises it in writing or a court awards it. (Legal Guide, Philippine Law Firm)

5. Employer Obligations After Receiving a Resignation

Obligation	Legal / policy basis	Deadline
Acknowledge / accept resignation or formally waive notice	Art. 300; Paredes ruling	Prompt; best practice within 3 working days
Release Final Pay (unpaid wages, prorated 13ᵗʰ-month, unused SIL conversion, incentives, tax refund, etc.)	DOLE Labor Advisory 06-20 (31 Jan 2020)	≤ 30 calendar days from effectivity (Platon Martinez, World Law Group)
Certificate of Employment	Labor Advisory 06-20	≤ 3 working days from request (Platon Martinez)
BIR Form 2316 (tax cert.)	BIR RR 11-2018	On or before last salary payout for leavers (Bir)
SSS/PhilHealth/Pag-IBIG remittance & final reporting	Agency circulars	Next regular filing cycle
DOLE RKS Form 5 Separation Report	DO 147-15 / DO 208-20	Within 30 days of separation if establishment ≥10 workers (Labor Law PH, Scribd)
Return of company property / data off-boarding	Data Privacy Act & civil law	By clearance date
Quitclaim & Release (optional)	SC guidelines on quitclaims	Must be voluntary, informed, with reasonable consideration; otherwise void (DivinaLaw, Supreme Court of the Philippines)

Final-Pay Inclusions (at minimum)

Last salary up to separation date
Prorated 13ᵗʰ-month pay (ASEAN Briefing, Respicio & Co.)
Cash conversion of unused Service Incentive Leave (5 days / year) (Al buro Law Offices)
Overtime, premium or night-shift differential earned
Commissions or earned bonuses fixed by policy/contract
Tax refund or adjustments

6. Special Sectors & Variations

Probationary employees – still bound by 30-day rule unless contract sets a shorter notice.
Fixed-term/project staff – may resign earlier but can be sued for damages if the term is essential to the project.
Kasambahay – 5-day rule; if unjustly leaves, employer may deduct up to 15-days’ unpaid wages (Art. 148) (RESPICIO & CO.).
Government personnel – effectivity upon acceptance or 30 days by default (CSC M.C. 12-2017) (Civil Service Commission).

7. Recent Jurisprudence & DOLE/SC Updates (2023 – 2025)

Year	Case / Issuance	Take-away
2024	SC decision voiding security-guard quitclaims	Quitclaims signed under deceit are null; employees can still recover all statutory benefits. (Supreme Court of the Philippines)
2024	Resignation-revocation ruling (car-dealer case, 27 Sep 2024)	“Coerced” resignations = constructive dismissal; reinstatement + back-wages due. (Respicio & Co.)
2023	DOLE reminder on final pay in Labor Advisory webinars	Reinforced 30-day release and 3-day COE rule. (RESPICIO & CO.)

8. Best-Practice Checklist

For Employees

Deliver a dated resignation letter; keep a received copy.
Offer transition plan; request COE in the same letter.
Secure copies of payslips, SSS-PhilHealth-Pag-IBIG records before last day.
If leaving immediately for just cause, narrate facts clearly and attach evidence.

For Employers

Respond in writing; indicate whether the 30-day service is required, waived, or converted to garden leave.
Compute final pay early; remember prorated 13ᵗʰ-month & SIL conversion.
File RKS Form 5 (if applicable) and remit last statutory contributions.
Release COE within 3 days, BIR 2316 on or before last payout, and ensure data-access off-boarding.
Use a bilingual Quitclaim template; pay “consideration” concurrent with signing to avoid nullity.

9. Consequences of Non-Compliance

Employers – money claims, wage-order penalties, NLRC cases for illegal deductions or delayed pay, data-privacy fines.
Employees – civil suit for proven actual damages if they skip the notice without just cause.

10. Key Take-aways

The 30-day rule is the default, but it is flexible: employers may waive or shorten it; employees may bypass it entirely for valid just causes.
Final pay & records delivery are time-bound obligations—30 days and 3 days, respectively—that now trigger DOLE enforcement actions.
Proper documentation, clear communication, and a compliant clearance process protect both sides from later disputes.

Use this framework to craft contracts, handbooks, and HR workflows that honor both the letter and spirit of Philippine labor law.