Exceptions to 30 days notice period - Immediate resignation

Hi,

I'd like to seek your legal advice regarding the exceptions for the 30 days notice period when resigning. I was sexually harassed by my teammate and this has been reported to the management. The said teammate stopped coming to work and I was advised by the hr department that the case will still proceed and the teammate won't be able to process his clearance until the case is finished.

This incident extremely affected both my work and personal life and I've been visiting our company psychologist. However, it got worst for me so I decided to resign. I was informed by my supervisor that they just need to check a few things (the things that I've been working) before they can approve my resignation. After a few days, it was all cleared and I was informed that the letter had been forwarded to the senior manager.

Then earlier today, I was informed that they acknowledge my resignation but I should have submitted it 30 days prior. They never asked me to come to work when I submitted the resignation and now I was informed that I should still render.

Is this incident covered by the causes for exception as per ph labor code? Thanks!

You said that you are sexually harassed. That reason is enough for you to resign without notice esp. if this was reported before. You can stop coming to work since it psychologically affected you. They cannot force you since you developed trauma.

I think your case will fall on these categories

Article 285 of the Labor Code, recognizes the right of an employee to terminate the contract of employment without the need of serving such written notice to his employer, provided that the cause or causes of such termination is or are any of the following circumstances: ..... (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;

I see. Just to clarify, the term "representatives" also include other employees and not just the management itself, correct?

If so, how should I go about this? I'm not being forced to come to work, however, it seems like my employment is still ongoing and they are not approving the resignation. I was just informed that they acknowledged the receipt of the letter, but as per my contract, I should've submitted it 30 days prior.

I wanted to finish my clearance so I can put everything behind me and never come back. But I'm unable to do so because I'm technically still employed.

Thanks!

IMO, it doesn't fall on anything stated on Art 285 since the one who sexually harassed you is a team mate and not a representative of a company, and that said team mate is no longer reporting to work.

the representative is any person having authority, influence on the company, specially in relation to your work, or can affect your working condition. this is usually your immediate superior, your immediate manager, group head, executive level.

I suggest you coordinate with your superior or the HR regarding your turnover process. 30 days is required but can be waived by the company.