Professional Documents
Culture Documents
Labor Law 2
Labor Law 2
What are the requisites for termination of employment by employee without just cause?
1. Written (not verbal or oral) notice of the termination (commonly known as
resignation letter); and
2. Service of such notice to the employer at least one (1) month in advance.
A resigned employee who desires to take his job back has to reapply therefor, and
he shall have the status of a stranger who cannot unilaterally demand an appointment. He
cannot arrogate unto himself the same position which he earlier decided to leave. To allow
him to do so would be to deprive the employer of his basic right to choose whom to employ.
It has been held that an employer is free to regulate, according to his own discretion and
judgment, all aspects of employment including hiring. The law, in protecting the rights of the
laborer, impels neither the oppression nor self-destruction of the employer.
Acts before and after resignation should be considered to determine its validity.
Resignation and execution of quitclaim, effect.
What are the just causes for termination of employment by employee with just cause?
What are the requisites for serious insult as a ground to terminate employment by
employee?
What are the requisites for serious inhumane and unbearable treatment as a ground to
terminate employment by employee?
What are the requisites for commission of crime as a ground to terminate employment by
employees?
What are other analogous causes that may be invoked as a ground to terminate
employment by employee?
What are the distinctions between constructive dismissal and forced resignation?
Resignation letter written and prepared by employer; effect.
Resignation letters similarly worded and of same tenor, effect.
Voluntariness of resignation may be inferred from the language thereof.
Act of employer in giving the employee the choice between resignation or investigation,
not illegal.
The general rule is that the filing of a complaint for illegal dismissal is
inconsistent with resignation.