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Resignation notice
Resignation notice is the written 30-day notice an employee gives under Article 300 unless a just-cause resignation applies or the employer waives the balance.
How it works
The employer cannot ‘reject’ a resignation. They can hold the person to the 30 days or waive. Immediate walk-off can create a damages claim; it does not let you withhold earned wages as a fine. Start clearance when notice arrives so final pay still hits 30 days from last day. For a U.S. company hiring one Filipino teammate, write this into the brief, the employment contract, and the peso payroll file before the start date. Slack habits do not override the Labor Code, BIR, or NPC. If the local employer of record holds the paper, they run the statutory step; you still owe a clean operating definition so the seat does not fail in week three. Put a number on the example when you budget loaded cost, because a nameless allowance always returns as a December surprise or a missed SLA.
Example: notice 1 March, last day 31 March unless you accept 15 March. Final pay 30 days from the actual last day.
How it differs
Garden leave is a paid stay-away you invent by contract. Final pay timeline is after exit. COE is three days from request.
Common errors
Refusing to accept the letter. Deducting 30 days’ pay as ‘notice damages’ without a court.
In practice
Treat Resignation notice as a week-one operating object. Ask who signs the notice, who remits, and who would answer DOLE. If three vendors each point at the other, you have a story rather than a file. Write an owner - founder, local employer, or worker - and a date you will look at it again: first cutoff, first holiday, or first miss. If nobody can show a contract clause, a payslip line, a calendar block, or a checklist box, you do not have resignation notice yet. You have a conversation. Convert the conversation before the person starts, while changing the deal still costs a paragraph rather than a resignation. Re-read the worked example above against the actual hire in front of you. If the numbers in that example cannot be swapped for this seat’s pesos, hours, and start date, the brief is still unfinished.