Article 300 [285] of the Labor Code: Termination by employee: resignation
The number in brackets, [285], is the article's number before the 2015 renumbering of the Labor Code.
Status: In force
What does Article 300 [285] say?
(a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
(b) 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.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 300 (Article 285 before the 2015 renumbering) covers the employee's side of ending employment. An employee may resign without any reason by giving the employer a written notice at least one month in advance. An employee may also leave at once, without notice, for one of the just causes the article lists, such as serious insult or inhuman treatment by the employer.
The first paragraph covers resignation with notice:
An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
How does it work in real life?
Jose: a one-month letter
Jose, a cashier, hands his manager a signed resignation letter on March 1 saying his last day is March 31. He has served a written notice about one month in advance, as the first paragraph requires.
Grace: insulted in front of customers
Grace's manager shouts insults at her in front of customers, attacking her honor. Serious insult by the employer's representative on the honor and person of the employee is a just cause in the second paragraph, so she may leave without notice. Whether her facts are serious enough would be decided by the labor tribunal.
Mark: walking out
Mark leaves his job without notice and without a just cause. His employer may hold him liable for damages, which it must prove. The article does not say Mark loses the wages he already earned.
What does this mean in practice?
- A copy of the resignation letter with proof that the employer received it shows when the notice was served.
- The separation pay rules of the Labor Code cover authorized causes ([Article 298 [283]](/law/labor-code/article-298)) and disease ([Article 299 [284]](/law/labor-code/article-299)); voluntary resignation is not one of them. Final pay for wages and benefits already earned is a separate matter. See the final pay and separation pay guide and the final pay calculator.
- Not reporting for work without notice is not a resignation under Article 300; it may be treated as abandonment, a just cause for the employer: see what happens if you go AWOL.
- For the full question-and-answer guides, see the 30-day resignation notice and can I resign immediately.
How much notice is needed to resign?
A written notice served on the employer at least one month in advance. The employee does not need to give a reason. The article speaks of "one (1) month"; whether that means exactly 30 calendar days, and whether the employer may agree to a shorter period, are not stated in the article and are not answered on this page.
If no notice is served, the article says the employer "may hold the employee liable for damages." That is a claim the employer would have to prove. The article does not say that wages or benefits already earned are forfeited.
When can an employee resign without notice?
The second paragraph lists the just causes for leaving at once:
(b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
- Serious insult by the employer or his representative on the honor and person of the employee;
- Inhuman and unbearable treatment accorded the employee by the employer or his representative;
- 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
- Other causes analogous to any of the foregoing.
They are similar in kind to the just causes an employer can invoke against an employee in [Article 297 [282]](/law/labor-code/article-297). Whether particular facts qualify is for the labor tribunals to decide.
When is a resignation not really voluntary?
A resignation must come from the employee's own free choice. In Gan v. Galderma Philippines (2013), the Supreme Court described resignation as "the voluntary act of an employee" who believes personal reasons cannot be sacrificed for the service, and said that the intent to relinquish the job must go together with an overt act of relinquishment. The acts of the employee before and after the resignation are considered.
When the "resignation" is really the employer's decision, it can be an illegal dismissal. In Aldovino v. Gold and Green Manpower (2019), overseas workers were verbally let go and then made to sign a compromise agreement. The Supreme Court said they "did not voluntarily sever their employment when they signed the Compromise Agreement", and found them illegally dismissed. In illegal dismissal cases, the Court added, the burden of proving a valid dismissal rests on the employer. The remedies are in [Article 294 [279]](/law/labor-code/article-294).
Which Supreme Court rulings are relevant?
Frequently asked questions
How much notice do I need to give when I resign?
Article 300 [285] requires a written notice to the employer at least one month in advance when you resign without a just cause. The article says one (1) month; it does not use the words 30 days.
What happens if I resign without giving notice?
The article says the employer upon whom no such notice was served may hold the employee liable for damages. It does not say that the employer may keep wages or benefits already earned.
When can I resign immediately without notice?
For any of the just causes in the article: serious insult by the employer or his representative on your honor and person; inhuman and unbearable treatment; a crime or offense by the employer or representative against you or your immediate family; and other causes analogous to these.
Is a resignation I was forced to sign valid?
Resignation must be voluntary. In Aldovino v. Gold and Green Manpower (2019), workers made to sign a compromise agreement right after being let go were held not to have voluntarily ended their employment, and their dismissal was illegal.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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