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A Resignation Letter is used when an employee wants to leave their current employment. In the Philippines, a Resignation Letter is more than a sign of courtesy and professionalism. Generally, it is a legal requirement for the employee to give the employer a written notice, such as a Resignation Letter, at least one month before the date of resignation. It also serves as proof of notice of the date of resignation and may help in the transition.
How to Use the Resignation Letter
The employee should check the company handbook or employment contract, if there is one, to see if there is a requirement as to the notice period or the person to whom the Resignation Letter should be addressed. If there is no company handbook, employment contract, or notice period requirement, the one month legal notice period applies.
A Resignation Letter can be addressed to the employee's manager, to be forwarded or copy-furnished to the Human Resources Department, or the Human Resource Manager.
To use this Resignation Letter, the user will be asked to provide information on the employer, the employee's position and the date of resignation. The reason for the resignation may also be included in the Resignation Letter. The employee should sign the Resignation Letter before giving it to the employer. The date when the letter is received by the employer will be the starting point of the notice period.
The labor laws in the Philippines are governed by the Labor Code of the Philippines ("The Labor Code"). There is no legal requirement as to the format of a Resignation Letter, however, Article 300 of the Labor Code provides that "an employee may terminate without just cause the employer-employee 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."
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