The truth about the importance of the 30-day resignation notice.
Along with the Christmas season and year-end parties, it has been a trend for some people to resign from their current position during December, and look for better opportunities the year after. There are a certain number of employees who wait for their bonuses and 13-month pay before submitting their resignation letter. Some actually wait for the conversion of their unused leave credits before leaving the company. Regardless of your plan, you would still normally be asked to render of a specific time before your final end date. Some employers ask for 15 days but mostly it is actually 30 days. The underlying question about it is if the notice period mandatory and in accordance with the law.
The notice period (may it be 15 or 30 days) is legal not just according to company policies, but as per Philippine law as well. It is necessary so that employers will have ample time to look for another employee who will take the position that will be vacant. Furthermore, it should be used for a flawless transition of work load from the old employee to the new hire. However, in certain cases stated below, the mandatory time of notice may be waived.
- If the employer (or a company representative) committed or conveyed inhumane remarks towards the employee;
- Cruel treatment of the employer or of a company representative through actions, towards the employee;
- Criminal offense of an employer or a company representative against the employee;
- Several instances relating to the situations above.
If you are experiencing any of the violations above, you may resign from the company and it should take effect immediately if you wish to. For any violations, you may refer the case to the Department of Labor and Employment for further legal actions and sanctions if necessary.