Can an employer seek damages if an employee resigns without just cause and without giving the required 30-day notice?
An employee has the liberty to terminate their employment without any just cause through a voluntary resignation. However, they are legally required to serve a written notice to their employer at least one month in advance. This period allows the employer to find a suitable replacement and ensure a smooth turnover of responsibilities. If the employee abruptly leaves and fails to serve this mandatory notice, the employer is granted the right to hold the employee liable for damages. This consequence is explicitly provided for under Article 300 Labor Code of the Philippines. “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.” 02-Jun-26About 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/.
