Owner Boss No Comment on Written Resignation Received

Hello Atty,

I am a senior manager at a private company.  On month end of October 2016, my salary, along with my team mates, was held due to an "unfavorable" sales performance.  The agony of an empty pocket was too long as it was Undas Week. I felt it was illegal to hold one's salary and, on one hand, also convinced I am no longer needed by the company.

So I penned a letter of resignation with a 30-day notice.  On Nov 2, the first working day after Undas, I had 2 copies signed and received by our executive secretary.  I placed one copy on my boss's table just before he got in.  I knew he had read it because I saw it tucked by the side of his table, separate from the stacks of papers to be signed.  But he didn't utter any word on it.

Later, he said he will talk to me after my pending project.  The project was done with good results. He asked about my other pending business but never brought up my resignation.

Last Monday he required me to finish a task and I had submitted it yesterday - completed.  Today, we talked over the phone but not a word from him on my last day this Fri.

Is it safe to assume then that I can tidy up my desk on Dec 2 and vanish to oblivion even without him saying any word on my resignation?  I completed my 30-day notice of resignation, anyway.

Could I be held for any damages, Atty?

Thank you in advance, Atty.

In my opinion, YES, you can assume that your resignation was DULY received as the same was received by an officer of the Company (Executive Secretary). However, do not mistake receipt from approval.

Just be sure you have your own personal copy of the resignation letter which was duly received. Just complete the 30-day period or the specific date you have stated in your letter as your last working date.

NOTE: 1. Check your contract, if it is stated there that you have to render a particular period for your turnover then the same may be followed.

2. Approval is NOT necessary. If approval is withheld, the same is tantamount to Involuntary Servitude which is prohibited by the Constitution.

3. Your boss can file for damages as it is his right to do so. However, does he have a Cause of Action against you? NONE, as you have completed the minimum requirement under the Labor Code.

Thank you, Atty., and more power to pinoylawyer!

Hello again, Atty.

Apparently, our President, after having read my resignation letter back on November 2, has not acknowledged it.  He is sending me to an out of town task next week, beyond the effective date of my 30-day resignation notice.

What could I do, please?  Help, Atty.

leeyon wrote:Hello again, Atty.

Apparently, our President, after having read my resignation letter back on November 2, has not acknowledged it.  He is sending me to an out of town task next week, beyond the effective date of my 30-day resignation notice.

What could I do, please?  Help, Atty.

Firstly, I am not yet a lawyer. I'm a 15-year HR practitioner and a law graduate.

Secondly, you have to have that copy of your resignation letter which was received by the secretary. This is vital to your situation. You may write your president and tell him (with respect) that you are declining his order as you are already considered as resigned. Tell him that you submitted a resignation letter which was received and read and the effectivity of which was on 'this date'.

Thirdly, be vigilant. your management and your officers may take your resignation for granted. If so, get all evidences surrounding your employment. Of course, do not report for work as this may be construed as a retraction of your resignation letter if you do report for work. If they send you Back to Work Notices, answer them as truthful as possible and be sure that all docs that you are submitting is duly received. Good Luck