Resignation by opting not to get regularized

Hi Sir and Ma'am Lawyers in the house.

In my employment contract it is written there that I am required to give 90 days notice in case I file for resignation.

I'm currently on my probationary period on my fourth month.

I'm planning to file for resignation and opting not to get regularized (That would be roughly 45 days) instead of the 90 days in my contract.

My line of thinking is my probationary employment will expire on my 5th month and 29th day in the company and they have the option to regularize me and i also have the option not to accept regularization and therefore have the employer employee relationship cease.

Please advise.. Or do I have to render the 90 days notice?

I am me wrote:Hi Sir and Ma'am Lawyers in the house.

In my employment contract it is written there that I am required to give 90 days notice in case I file for resignation.

I'm currently on my probationary period on my fourth month.

I'm planning to file for resignation and opting not to get regularized (That would be roughly 45 days) instead of the 90 days in my contract.

My line of thinking is my probationary employment will expire on my 5th month and 29th day in the company and they have the option to regularize me and i also have the option not to accept regularization and therefore have the employer employee relationship cease.

Please advise.. Or do I have to render the 90 days notice?

While in theory you have the option not to accept regularization, that could happen only when you resign.

But you are still obliged to comply with company policy on the 90-day notice.

The company is investing in you when they hired you, so when you decide to leave, they need to find a replacement - and it would need sufficient time for them to do so, thus the 90 day notice.

Hi Council,

Thank you for the reply.

If I choose not to opt for regulartization then it means the contractual employee relationship between the employer and employee would cease right?

My 6th month is on the September 30, 2015.

I'm planning to submit my letter of resignation tomorrow.

That way it will still be enough for the 30 days notice as required by the Labor Code.

I am me wrote:Hi Council,

Thank you for the reply.

If I choose not to opt for regulartization then it means the contractual employee relationship between the employer and employee would cease right?

My 6th month is on the September 30, 2015.

I'm planning to submit my letter of resignation tomorrow.

That way it will still be enough for the 30 days notice as required by the Labor Code.

The 90-day notice period overrides the 30 days.

The LC requires "serving a written notice on the employer at least one (1) month in advance." - it is only the minimum, so it could be longer - and your company requires 90 days.

Hi Council,

But I am NOT a regular employee yet. only probationary.

Probationary in a sense that it is a trial period for both employer and employee for 6 months.

The company has the option to regularize me in as much as I have the option to accept regularization.

In this case I don't.

I am me wrote:Hi Council,

But I am NOT a regular employee yet. only probationary.

Probationary in a sense that it is a trial period for both employer and employee for 6 months.

The company has the option to regularize me in as much as I have the option to accept regularization.

In this case I don't.

The labor code and the contract does not distinguish between regular and probationary employment when it comes to resignation.

While in theory you have the "option" to decline regularization, it still has to be done in the context of the contract.

Recent case law and even current interpretations of the Labor Code supports the view of Sir Council here. Therefore, it would do you a world of good to comply with the 90-day notice requirement of your current company, since the cited provision in the labor code by Sir Council is merely a minimum.