When an employee in the Philippines decides to resign immediately—without rendering the standard 30-day notice—questions often arise about what happens to accrued benefits, particularly bonuses. Whether an employee who resigns without notice can still claim a bonus depends on several factors, including the nature of the bonus, company policy, and the surrounding circumstances of the resignation.

1. Legal Framework for Immediate Resignation

Under Article 300 (formerly Article 285) of the Labor Code, an employee may terminate their employment without serving a 30-day notice if any of the following just causes exist:

Serious insult by the employer or representative;
Inhuman and unbearable treatment by the employer;
Commission of a crime or offense by the employer against the employee or their family;
Other causes analogous to the above; or
Other valid reasons as determined by law or jurisprudence.

If the resignation falls under these categories, it is considered legal immediate resignation. If the employee resigns without notice without just cause, it becomes a breach of the employment contract, potentially affecting benefits and entitlements.

2. The Nature of Bonuses: Statutory vs. Contractual

In determining entitlement, it is essential to distinguish between mandatory (statutory) and discretionary (contractual or company-granted) bonuses.

a. Statutory Bonus – The 13th Month Pay

The 13th Month Pay is governed by Presidential Decree No. 851. All rank-and-file employees are entitled to it, regardless of the manner of separation, as long as they have rendered work for at least one month during the calendar year.

Computation: Pro-rata based on total basic salary earned during the year.
Effect of Immediate Resignation: Even if the employee resigns immediately, they remain entitled to the pro-rated 13th month pay for the period worked.

b. Contractual or Discretionary Bonuses

Other bonuses—such as performance bonuses, Christmas bonuses beyond the 13th month, productivity incentives, or profit-sharing schemes—depend on company policy, collective bargaining agreements (CBAs), or employment contracts.

If the bonus is expressly stipulated in the employment contract or company policy, and the employee has fulfilled the conditions for entitlement (e.g., completed a performance period), then it becomes a demandable right.
If it is purely discretionary, meaning the employer may or may not grant it, the employee cannot legally compel its payment.

3. Immediate Resignation and Its Effect on Bonus Entitlement

a. Resignation With Just Cause

If the resignation is due to just cause under the Labor Code, the employee retains full entitlement to all earned benefits, including bonuses that have accrued or are due for the work rendered.

The employee should not be penalized for leaving without notice if there was lawful cause.
Employers are still obligated to release all earned wages, 13th month pay, and any accrued bonuses.

b. Resignation Without Just Cause or Notice

If the employee resigns immediately without just cause, the employer may:

Withhold certain discretionary bonuses, especially those contingent on continued employment up to a certain date.
Deduct any financial loss caused by the sudden resignation (e.g., for unrendered notice period), provided such deduction is allowed by law and properly documented.

However, the employer cannot forfeit statutory benefits, such as earned wages and the pro-rata 13th month pay, as these are protected by law.

4. Relevant Jurisprudence

Several rulings from the Supreme Court of the Philippines provide guidance:

Philippine Duplicators, Inc. v. NLRC (G.R. No. 110068, February 15, 1995): Bonuses that have become a regular part of compensation due to consistent and deliberate granting can become demandable rights.
Producers Bank of the Philippines v. NLRC (G.R. No. 118069, March 16, 2000): Employees who have already earned the bonus prior to separation cannot be deprived of it.
Eastern Shipping Lines, Inc. v. POEA (G.R. No. 76633, October 18, 1988): Bonuses that depend on the employer’s discretion or profits are not enforceable rights unless explicitly promised.

In summary, if a bonus has accrued or been earned before resignation, it cannot be withheld. But if it is contingent upon continued service (e.g., “must be employed on date of payout”), resignation before that date may forfeit the entitlement.

5. Employer’s Right to Impose Conditions

Employers are legally permitted to impose reasonable conditions on the grant of bonuses, such as:

Continuous employment until a specific payout date;
Satisfactory performance ratings;
Completion of a project or service term.

These conditions must, however, be clearly stated in company policies, contracts, or memoranda. Absent such stipulations, the principle of “a bonus already earned cannot be withheld” applies.

6. Final Pay and Clearance Considerations

Under DOLE Labor Advisory No. 06-20, final pay should be released within 30 days from the date of separation, regardless of the reason for resignation. This includes:

Unpaid salaries and allowances;
Pro-rata 13th month pay;
Accrued leave conversions (if allowed);
Any earned bonuses.

Immediate resignation may delay clearance processing if company assets or obligations remain unresolved, but it does not justify total forfeiture of earned compensation.

7. Practical Guidance for Employees and Employers

For Employees:

Review your employment contract and company policies to confirm bonus conditions.
Document any just cause for immediate resignation to protect your entitlements.
Request a certificate of employment and final pay computation in writing.

For Employers:

Ensure bonus policies are clearly worded and consistently applied.
Do not withhold statutory benefits, even in cases of abrupt resignation.
Issue clearances and final pay in compliance with DOLE regulations.

Conclusion

In the Philippines, an employee who resigns immediately—without serving the 30-day notice—remains entitled to all earned and accrued benefits, including 13th month pay and any earned bonuses. However, unearned or purely discretionary bonuses may be lawfully withheld if the conditions for their grant have not been met.

Ultimately, the key lies in the nature of the bonus, the reason for immediate resignation, and the terms of employment. Both employers and employees should ensure transparency and compliance with labor laws to avoid disputes over rightful entitlements.