Can an employee resign or terminate the employer-employee relationship without serving any advance notice to the employer?

Yes, an employee is allowed to immediately end the employment relationship without serving any advance notice under specific just causes. These justifiable reasons include serious insult by the employer or their representative directed at the honor and person of the employee. Additionally, inhuman and unbearable treatment, or the commission of a crime by the employer against the employee or their immediate family members, justifies immediate resignation. Any other causes analogous to these severe situations also allow for resignation without notice. This right of the employee is recognized under Article 300 Labor Code of the Philippines. “ART. 300. Termination by Employee. – (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.” 02-Jun-26

About Nicolas and De Vega Law Offices

 Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.