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The Labor Code requires the employee to give an advance notice to the employer of his intention to resign.
Even if the employee did not expressly indicate his intention to resign (neither of the words “resign” or “resignation” was mentioned), the resentful and sarcastic tone of the memorandum was held to be sufficiently indicative of such intention.
It does not cover cases where the employee is forced to resign with the use of threats, intimidation, coercion or manipulation, or where resignation is imposed as a penalty for an offense. It may also contain the reason or justification of the employee for filing his resignation, although legally, this is not important.
NLRC.) The key is that resignation must be a “voluntary act”, and that the employee must have knowingly and voluntarily dissociate himself from his employment for his own personal reasons. It must state the date when resignation is to take effect because of the 30-day notice requirement under the law.
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Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment. In one case, the Supreme Court held that a memorandum written by the employee containing his deep resentment towards his superior juridically constituted a letter of resignation.
However, lack of explicit words stating the employees intention to resign is deemed not crucial, as long as the employees intention to resign can be deduced from letter itself.
Resignation notice usually takes the form of a letter (commonly called “resignation letter”) addressed to the employer, expressing the employee’s intention to terminate his employment.
The notice of resignation must be in writing and must be served to the employer at least one month prior to the effective date of his resignation.
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