Q&A: Preventive Suspension and Immediate Resignation

From time to time, I receive inquiries regarding employment issues and other related concerns. I try to answer them within a reasonable time and will post some of them here to help out others who may have the same question.

Here is one from L.

An employee who is under preventive suspension due to a serious company violation wants to file a resignation. What are the grounds of an employer not accepting the filed resignation?

What options does the employee have if he wants to resign immediately?

In general (and as per Article 285 of the Labor Code), the employee who wishes to resign must give prior notice of AT LEAST 30 days. So if this condition is not met, the employer may refuse (or disapprove) the resignation.

An immediate resignation may be possible only if the employer allows it. But in reality, that would be rare and counter-productive for the company.

By law (ie the Labor Code), an immediate resignation is possible only in the following circumstances:

An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

  1. Serious insult by the employer or his representative on the honor and person of the employee;

  2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

  3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

  4. Other causes analogous to any of the foregoing.

Please note that any comments I make is my personal opinion based on relevant jurisprudence and/or experience in the workplace, and is not in any way any form of legal or binding advice.

Each person’s situation may be different, and I suggest that you consult a practicing lawyer if you wish to take further steps in exploring options to have a better understanding and outcome of your individual situation.

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