Denied resignation? Atty. Chel Diokno explains why it's not allowed based on Philippine Constitution

In case you didn’t know, a resignation letter isn’t subject to approval.  

Take it from human rights lawyer Chel Diokno who explained in a clip posted on social media why denied resignation isn’t allowed under Philippine law. 

Citing Article III Section 18 of the 1987 Philippines Constitution, Diokno said that one of the basic human rights of Filipinos is the right to “no involuntary servitude."

“No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted,” it read. 

Basically, a denied resignation will be considered an involuntary service for the employee, which violates basic human rights. 

"Sabi nga ng Supreme Court, an individual employee can, at any time... walk away from it," the lawyer added in reference to Supreme Court G.R. No. 164301.

Nagbabalak mag-resign pero pinipigilan ka ng boss mo? 🤔 Alamin ang iyong mga karapatan! ✊ #KarapatanSaTrabaho #KarapatanSaPagbibitiw #AlaminAngKarapatan pic.twitter.com/rhhH2CzYOd

— Chel Diokno (@ChelDiokno) May 30, 2023

On the other hand, if you ever plan to resign, it is mandated by the law that you provide at least one-month advance notice to your employer.

The short period is needed to assist the company in finding a replacement and will serve as a period for the resigned employee to hand over his/her tasks to the person who will assume his/her responsibilities.

"Kung hindi susunduin ang one month requirement, puwede kayong singilin ng danyos," Diokno said. This is based on Article 285 of the Labor Code of the Philippines which states, "The employer upon whom no such notice was served may hold the employee liable for damages."

It is important to note, too, that you can only file a resignation if you do not have a pending administrative case with your employer.

According to LegalGuide.ph, quitting your job in the middle of a pending case would be considered an escape from the required trial and investigation, which can result in the employer tagging you as "terminated for a just cause." However, all these could vary depending on your employer's prerogative.

Diokno also explained that an immediate resignation is allowed in case it meets the following factors, such as (1) “serious insult by the employer or his representative” affecting the honor of the employee, (2) “inhuman and unbearable treatment,” and (3) crime or offense committed by the employer or his representative against the employee or “any of the immediate members of his family,” among other analogous causes. 

It can also take effect provided that the employer and the employee mutually agree on the latter’s decision.