11-16

This is a question often heard from young employees.  I did a simple research just to find out how important it is to adhere (or not to adhere) to this requirement.  I was a bit surprised with what I uncovered.

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Last week, I met up with a friend who works at a multi-national BPO.  He said that the account he is assigned to as an agent will be ceasing operations before the end of this month.  Although his team was offered to remain as employees of the BPO company (while management scouts for a new account where they may be assigned), my friend decided to simply file his resignation and venture into bartending (another one of his interests).

He submitted his letter of resignation and was surprised when his supervisor advised him that he needs to render work for 30 more days.  He was told that should he fail to adhere to this policy, he can be held ‘liable for damages’.

He was clearly confused with the response he got from the supervisor.

“Gusto ko na ngang umalis eh, bakit pipigilin nila ako?  Makatarungan ba yun?”

He is 24 years old and as far as he is concerned, his arguments against the requirement are very much valid:

  1. He will be placed on floating status while they wait for a new account, doing nothing.  So technically, the company will not be “losing” money over his absence as there are no operations to run anyway.
  2. If the company lets him go earlier than 30 days, they can actually ‘save’ on his salary which he will still be entitled to even while he is not assigned to any account.

Before we parted ways, he said he will speak with the HR team and appeal his case.  All he wanted was to be released from his employment earlier than the mandated 30 days, be given the full amount of his unused leave credits, and the prorated amount of his 13th month pay.

I did my research on the matter and was able to confirm that the 30-day notice policy is indeed mandated by law, not just by the company / employer.  Its purpose is to give the company ample time to scout for the resigning employee’s replacement.  It also allows for a smooth turnover and transfer of responsibilities by the resigning employee to his replacement.

There are, however, cases when the 30-day notice policy may be waived.  According to the Labor Code, an employee is exempted from serving any notice under the following instances:

  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.

Further to this, since the primary beneficiary of the 30-day notice is the employer, it is likewise authorized to decide whether the resigning employee may be given a shorter notice period or completely waive the 30-day service.

My friend has not had any of the above negative experiences with his employer; in fact, he has always been vocal with how generous the company is with its employees.  If not for the cessation of the account he was assigned to, he would not have even thought of seeking employment elsewhere.

I advised him to simply appeal to the Human Resource team and respectfully request that he be granted a shorter resignation notice period.  He did and voila!  He was allowed to use up his remaining leave credits so that he gets to get off two weeks earlier than the required 30 days.  He was ecstatic, more with the fact that his company listened and considered his appeal, than winning half of the bargain.

Based on my friend’s case, we’ve proven that the 30-day policy, although mandated by law, may be shortened or completely waived, depending on the company’s discretion.  Should your company choose to require that you render the full 30-day notice, be reminded that this is mandated by law and when they require this from a resigning employee, it only means that they are abiding by the Labor Code.

Source: http://www.laborlaw.ph/684/exceptions-to-30-day-resignation-notice/

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