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Date: Oct. 26, 2023, 11:55 p.m.

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Date: 2023-10-27 11:19:17.000000

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Date: 2023-10-27 11:56:17.000000

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Employer Does Not Accept Resignation

Published by Department of Labor and Employment(DOLE) on Oct. 26, 2023.
Requested from DOLE by R. Solano at 11:55 PM on Oct. 26, 2023.
Purpose: Personal reference
Date of Coverage: 09/01/2023 - 10/26/2023
Tracking no: #DOLE-180564341738

R.SOLANO Oct. 26, 2023, 11:55 p.m.

Hi . I would like to know what actions can be done for this matter. I am under preventive suspension for 30 days. I need to support my family and since im on suspension its gonna be 30 days unpaid. I come up with the decision to resign and apply for a new job. However my manager is not accepting my resignation because of the reason that i am under suspension. Is it possible for them to hold from resigning? Thank you for your response.

J.BARBOZA Oct. 27, 2023, 11:19 a.m.

October 27, 2023 Dear Razzele, Thank you for your request dated Oct 26, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Employer Does Not Accept Resignation. We received your request on Oct 26, 2023 and will respond on or before Nov 16, 2023 11:55:59 PM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster08222018120000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtMTgwNTY0MzQxNzM4DA, for request with ticket number #DOLE-180564341738. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Oct. 27, 2023, 11:56 a.m.

October 27, 2023 Dear Razzele Solano, Thank you for your request dated Oct 26, 2023, 11:55:59 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Employer Does Not Accept Resignation. There are many jurisprudence that support your employer for not accepting your resignation. But from a pragmatic and legal perspective, allow us to share our view on this. “The better approach is to accept the resignation but without prejudice to the filing of a criminal and civil case to recover damages. This “without prejudice” thing must be stated clearly in the management’s acceptance of the employee’s resignation. However, employers may defer formal acceptance pending the result of the investigation. Employers are not rejecting the right of the employee to leave the company, the deferment is meant to respect both the right of an employee to due process and management’s prerogative to fire. If an employee leaves the company in the middle of suspension, it can mean 2 things, and both are bad for the employee. Resigning is like waiving of employee’s right to be heard, or worse, flight is akin to admission of guilt. In both cases, the likelihood of a decision not in favor of the employee is high. If the employee leaves the company in the middle of the suspension, it will be denying management its prerogative to terminate. By deferring acceptance of resignation, it will give management the option to give a graceful exit for an employee in the event the investigation will lead to the establishment of guilt or to proceed with termination. Our 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

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