RESIGNATION WITHOUT NOTICE

Query: What if the employee fails to submit a one-month notice for his resignation then the employer forfeits his remaining salary representing as damages for the non-submission. Is the action of the employer legal?
Can the employer automatically withhold the employee's salary to represent as damages as prescribed in Art. 285 of the labor code?

Query Master,

As you read, Art. 285 of the Labor Code provides that an employee may terminate without just cause the employee-employer relationship by serving a 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.

From the foregoing, Art. 285 uses the word "may", thus the employer may offset your salary as a damage for your resignation without notice. But the offsetting should be dependent on the impact of your immediate separation from the company vis-a-vis the forfeited salary.

Please take note that they are running against your salary since that is the only way they can demand damages from you instead of filing a separate action for damages.

Thank you Attylawdesign for your quick response. Ill keep that in mind. Have a nice day and God bless!

lawddesign wrote:Query Master,

As you read, Art. 285 of the Labor Code provides that an employee may terminate without just cause the employee-employer relationship by serving a 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.

From the foregoing, Art. 285 uses the word "may", thus the employer may offset your salary as a damage for your resignation without notice. But the offsetting should be dependent on the impact of your immediate separation from the company vis-a-vis the forfeited salary.

Please take note that they are running against your salary since that is the only way they can demand damages from you instead of filing a separate action for damages.