Consequences of voluntary resignation
Posted: Sun Dec 22, 2024 10:03 am
Article 49 of the Workers' Statute regulates the causes of termination of the employment contract. One of them is: Due to the employee's resignation, with prior notice required. Prior notice is required , that is, a letter of voluntary resignation must be presented to the company .
Voluntary resignation of an employee, also known as withdrawal or resignation, is the unilateral decision of the employee to end the employment relationship . The employee can request it at any time. No one can be forced to remain in their job, since one of the characteristics of the employment contract is voluntariness .
If an employee decides to terminate the employment relationship unilaterally, he or list of contact numbers in philippines she will not be entitled to compensation nor will he or she be able to apply for unemployment benefits .
You will have the following rights :
Right to receive a severance payment , that is, you must be paid a proportional part of your monthly salary . For example, if you sign off on the 12th of the month, you must be paid for the 12 days you have worked. You also have the right to a proportional part of the extra pay and to accrued but unused vacations .
You do not have to communicate the reasons for your resignation, you simply have to inform the company of your decision and the date it will become effective.
Obligations :
It is mandatory to give notice to the company of your resignation. Article 49 of the Workers' Statute expressly states this. If you do not meet this requirement, we will be faced with abandonment of the job or tacit resignation. If your collective agreement does not establish the notice period, the general rule is to give 15 CALENDAR days ' notice.
The resignation can be communicated in writing or orally. It is best to do so in writing by means of a resignation letter . Two copies must be submitted for signature. The company keeps one and the employee keeps the other.
Retracting voluntary resignation
Yes, the employee may retract his decision to end the employment relationship, provided that the effective date of the termination has not been reached . That is, during the notice period, the employee may do so. However, as indicated by the jurisprudence of the Supreme Court , the company must accept it.
If the company refuses to accept the retraction, it constitutes a dismissal that would be considered unfair . Unless it causes harm to the company or a third party. For example, if it has already hired another person to fill that position.
Just as the company has the right to retract the dismissal as long as the effective date has not been reached, the same applies in the case of the employee's voluntary resignation.
Collecting unemployment benefits after voluntary resignation
As we have indicated above, one of the characteristics of the voluntary resignation of the worker is that he or she is not entitled to unemployment benefits, i.e. unemployment benefit . However, the contributions that the worker has accumulated are not lost.
The right to unemployment benefit after voluntary resignation can occur in two cases:
The worker finds a new job . There is no minimum duration, but case law has established that the contract must last at least 3 months in order to be able to claim the benefit, in the event that the worker is dismissed. If the contract does not exceed 3 months, the SEPE will check whether it is a possible fraud to collect the benefit.
New job, but the employer informs you that you have not passed the probationary period . The LGSS indicates that at least 3 months must have passed between the voluntary resignation and the moment in which the company informs you that you have not passed the probationary period.
Voluntary resignation of an employee, also known as withdrawal or resignation, is the unilateral decision of the employee to end the employment relationship . The employee can request it at any time. No one can be forced to remain in their job, since one of the characteristics of the employment contract is voluntariness .
If an employee decides to terminate the employment relationship unilaterally, he or list of contact numbers in philippines she will not be entitled to compensation nor will he or she be able to apply for unemployment benefits .
You will have the following rights :
Right to receive a severance payment , that is, you must be paid a proportional part of your monthly salary . For example, if you sign off on the 12th of the month, you must be paid for the 12 days you have worked. You also have the right to a proportional part of the extra pay and to accrued but unused vacations .
You do not have to communicate the reasons for your resignation, you simply have to inform the company of your decision and the date it will become effective.
Obligations :
It is mandatory to give notice to the company of your resignation. Article 49 of the Workers' Statute expressly states this. If you do not meet this requirement, we will be faced with abandonment of the job or tacit resignation. If your collective agreement does not establish the notice period, the general rule is to give 15 CALENDAR days ' notice.
The resignation can be communicated in writing or orally. It is best to do so in writing by means of a resignation letter . Two copies must be submitted for signature. The company keeps one and the employee keeps the other.
Retracting voluntary resignation
Yes, the employee may retract his decision to end the employment relationship, provided that the effective date of the termination has not been reached . That is, during the notice period, the employee may do so. However, as indicated by the jurisprudence of the Supreme Court , the company must accept it.
If the company refuses to accept the retraction, it constitutes a dismissal that would be considered unfair . Unless it causes harm to the company or a third party. For example, if it has already hired another person to fill that position.
Just as the company has the right to retract the dismissal as long as the effective date has not been reached, the same applies in the case of the employee's voluntary resignation.
Collecting unemployment benefits after voluntary resignation
As we have indicated above, one of the characteristics of the voluntary resignation of the worker is that he or she is not entitled to unemployment benefits, i.e. unemployment benefit . However, the contributions that the worker has accumulated are not lost.
The right to unemployment benefit after voluntary resignation can occur in two cases:
The worker finds a new job . There is no minimum duration, but case law has established that the contract must last at least 3 months in order to be able to claim the benefit, in the event that the worker is dismissed. If the contract does not exceed 3 months, the SEPE will check whether it is a possible fraud to collect the benefit.
New job, but the employer informs you that you have not passed the probationary period . The LGSS indicates that at least 3 months must have passed between the voluntary resignation and the moment in which the company informs you that you have not passed the probationary period.