Department of Labor and Employment(DOLE)

January 4, 2024 Dear John Mulingbayan, Thank you for your request dated Jan 04, 2024, 10:45:54 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for the Employee to pay the employer for the remaining notice period that was not met. Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. Before the termination of any employment, the law mandates that the parties to the employment contract be apprised of the impending decision of the other party to end the employer-employee relationship. Whether the termination is initiated by the employee or the employer, notifying the other party is required, and failing to do so would expose the non-compliant party to the corresponding legal consequences. This period is meant to provide employers with sufficient time to find a replacement Under Article 300 of the Labor Code, “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.” The responses were made based only on the facts that were presented. This opinion shall not be used in any administrative or court proceedings as this may change based on any undisclosed information vital to the issues presented. Help us to continuously improve our FOI Program Implementation by completing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm Thank you. Respectfully, Mark Valeros FOI Receiving Officer