Resignation Notice Period & Attendance Rules in the Philippines (A practical-legal guide based on the Labor Code, jurisprudence, and Department of Labor & Employment [DOLE] issuances)
1. Statutory Framework
| Provision | Old Article No. | Renumbered Art. | Key Language |
|---|---|---|---|
| “Termination by employee” (voluntary resignation) | 285 | 300 | Employee may terminate employment by serving a written notice on the employer at least 30 days in advance. |
| “Termination by employee for just causes” | 285(b) | 300(b) | No 30-day notice required if resignation is due to an employer’s serious breach (e.g., inhuman treatment, commission of crime). |
| Final pay release (Labor Advisory 06-20) | — | — | Final pay and Certificate of Employment must be released within 30 days from the date of effectivity of resignation, absent a shorter CBA/company policy. |
Take-away: Except where a just cause exists or the employer expressly waives it, the 30-day written notice is mandatory.
2. How the 30-Day Period Works
- Calendar, not working, days. Jurisprudence treats the notice as 30 consecutive days, not 30 “working” days, unless the CBA/company rule expressly says otherwise.
- Counting starts the day after the employer actually receives the written resignation.
- Waiver possible. The employer may accept an earlier effectivity date; document this in writing to avoid disputes.
- Offsetting leave credits. An employer may allow accrued, convertible leave to offset part of the 30 days. This is a privilege, not a legal right.
3. Attendance Rules During the Notice Period
| Situation | Legal Effect | Practical HR Handling |
|---|---|---|
| Employee continues reporting | Receives regular pay & benefits. | Assign orderly turnover, clearance checklist. |
| Employee absent without leave (AWOL) | ● Employer may mark as AWOL and impose disciplinary sanctions. | |
| ● Continuous, unexplained absence may be abandonment—a ground for termination for cause, which may erase resignation benefits (except those mandated by law). | Issue Notice to Explain (NTE); follow due-process twin-notice rule even if worker has resigned. | |
| Employer places employee on “garden leave” | Allowed if with pay (no diminution). | State in acceptance letter; clarify access to systems, confidentiality. |
| Employer refuses to let the employee finish the 30 days | Effect is employer-initiated separation; employee still entitled to pay covering the remaining days, plus prorated 13th-month pay, unused convertible leave, etc. | Document in writing; settle final pay within 30 days from earlier last day. |
4. Special Cases
Probationary Employees
- Still owe the 30-day notice unless employer shortens or waives it.
- Employer may end employment anytime for failure to meet standards, but must give a written notice within a reasonable period.
Fixed-Term, Project, Seasonal Workers
- Contract ends on the agreed date/project completion—no need to “resign.”
- If they wish to leave earlier, the 30-day rule applies unless the contract specifies another notice period.
Just-Cause Resignation (Art. 300[b])
- Grounds: serious insult, inhuman treatment, commission of crime against employee/family, etc.
- Immediate effectivity is allowed; employee may walk out the same day, but must still submit a written notice citing the just cause.
OFWs & Migrant Workers
- Governed mainly by the POEA contract; usually provides 30 days or project completion.
- Early repatriation costs may be charged to the worker if the cause is voluntary and not employer fault.
5. Effects on Pay & Benefits
| Item | Rule on Resignation |
|---|---|
| Basic salary | Pay for actual days worked; “no work, no pay” for absences unless offset by leave. |
| 13th-month pay | Prorated up to last day of work (§2, PD 851 regs). |
| Unused Service Incentive Leave (SIL) | Convertible to cash if company cannot grant leave. |
| Retirement benefits | Only if employee meets retirement plan or Article 302 conditions. |
| Separation pay | Not legally required for voluntary resignation, unless stipulated by CBA/company plan or if resignation is due to authorized causes under Art. 299. |
| Deductions | Company may deduct: (a) unreturned property, (b) authorized loans, (c) tax due. Deductions must be in writing and comply with Art. 113-115 of the Labor Code. |
6. Clearance & Return of Property
- Clearance is not a legal prerequisite for final pay, but employers may reasonably require the return of assets and settlement of accountabilities.
- Failure to return may justify proportionate deductions or civil action, not indefinite withholding of all pay.
- Employer must issue Certificate of Employment (COE) within three (3) working days from request (Labor Advisory 06-20).
7. Jurisprudence Quick-Hits
| Case | G.R. No. | Principle |
|---|---|---|
| Alcantara v. Shangri-La | 192261 (2010) | Resignation must be voluntary and supported by clear acts of relinquishment. |
| SME Bank v. De Guzman | 184517 (2013) | Acceptance of resignation with immediate effect converts unused notice period into employer prerogative; no “damages” due to employee. |
| Genco Transport v. Campos | 232872 (2021) | Continuous AWOL after filing resignation may still constitute abandonment; employer not liable for illegal dismissal if due process is observed. |
(Dates given are decision promulgations; see full texts in the Supreme Court e-library.)
8. Best-Practice Checklist
For Employees
- Draft a dated resignation letter with clear last-day-of-work (count 30 days).
- If asking for a shorter notice, say so and request written acceptance.
- Keep attendance impeccable; submit turnover documents.
- Secure copies of payslips, government remittance proofs, and BIR Form 2316.
For Employers / HR
- Stamp-receive the resignation; issue Acceptance or Notice of Duty to Render.
- Decide on waiver/“garden leave” quickly and in writing.
- Monitor attendance; use NTE should absences occur.
- Start clearance routing early; coordinate payroll to meet the 30-day final-pay deadline.
9. Penalties for Non-Compliance
| Violation | Exposure |
|---|---|
| Requiring employee to pay “liquidated damages” for leaving after 30 days (without contractual basis) | Illegal deduction; may invite DOLE inspection or money claim. |
| Holding final pay beyond 30 days without valid reason | Potential NLRC complaint; DOLE may issue compliance order. |
| Issuing negative COE or refusing COE | Unfair labor practice under Art. 259(e) if used to interfere with employment opportunities. |
| Retaliatory AWOL tagging despite employee actually working | Constructive dismissal, subject to full back wages & reinstatement. |
10. Practical Timeline Example
| Day | Action |
|---|---|
| Day 0 | Employee emails & hands over signed resignation. |
| Day 0-1 | HR stamps receipt; replies accepting and confirming last day (or alternative date). |
| Day 1-29 | Employee works, finishes deliverables, or goes on approved leave; HR secures return of laptop, ID, etc. |
| Day 30 | Last actual workday. |
| Within next 3 working days | HR issues COE upon request. |
| Within 30 calendar days after Day 30 | Payroll releases final pay & tax docs. |
11. Frequently Asked Questions
Can I “cash out” my remaining SIL to offset the notice? Only if management agrees. The law does not compel conversion to offset notice.
What if my employer won’t sign my resignation? Proof of service (e-mail logs, registry receipts) plus working until the 30th day is enough. Acceptance is not a legal prerequisite.
May the employer extend the notice to 60 days? Yes, but only by mutual agreement or if the employee’s contract/CBA already contains a longer period. Unilateral extension is invalid.
Is WFH attendance treated differently? Same rules apply. Log-in records substitute for biometrics.
12. Key Take-Aways
- 30-day prior written notice is the national default.
- Employees must keep regular attendance during the period unless excused or placed on paid leave.
- Employers can waive the notice or place the employee on paid “garden leave,” but cannot impose unpaid suspension.
- Final pay, COE, and clearance must flow within 30 calendar days of effectivity.
- Deviations are allowed only where the Labor Code, DOLE circulars, or a valid contract/CBA say so—and always subject to voluntary consent and documentation.
Disclaimer: This article provides a general overview and should not be taken as formal legal advice. For case-specific concerns, consult a Philippine labor-law practitioner or the nearest DOLE Regional Office.