Voluntary Resignation

This type of termination is strengthened by the provisions of Art. 285 of the Labor Code which
recognizes two kinds of termination an employee can initiate – without just cause and with just cause.
If the resignation is without just cause, the employee must give a one (1) month advance written notice
for resignation (commonly referred to as a “resignation letter”) to the employer to enable them to look
for a replacement and prevent work disruption. If the employee fails to provide a resignation letter, he
or she runs the risk of incurring liability for damages.

If the resignation is with just cause, however, the employee need not serve a resignation notice. Art.
285 indicates the just causes for resignation as follows:

serious insult to the honor and person of the employee;

inhuman and unbearable treatment accorded the employee by the employer or his representative;
crime committed against the person of the employee or any immediate members of the employee’s
family; and
other similar causes.