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TOPIC: Immediate Resignation : Article 285 of Labor Code

Immediate Resignation : Article 285 of Labor Code 3 years 10 months ago #16630

  • MM
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Hi all

I would like to seek your advice regarding my current situation. I am currently employed by a BPO company here in Taguig City. My problem is I really wanted to resign immediately since I can bear the treatment of my manager towards me.

I am a financial analyst in our company. I was hired last July 20, 2015 and was not formally regularized. I mean, I am still working and considered as regular employee by the virtue of Article 281 of labor code. As a CPA, I am knowledgeable of general accounting processes and procedure but when I was hired here I have never given any training/orientation for the processes and procedure specific to this company. These where my problem emanates, my manager always blame me for every misstatements on our report without even conducting a preliminary scanning/investigation on the possible causes. I always take the blame even if it was not really my fault. I guess she thinks that I am the only source of potential mistakes considering that I am new in the company.

In relation to all of this, I would like to know if I can resign right away without serving one month notice. I would like to know If I can resign immediately under article 285 no. 2 of labor code, where I believe that there is a unbearable treatment inflicted on my part.

"Art. 285. Termination by employee.
An employee may terminate without just cause the employee-employer relationship by serving a written 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.

An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

Serious insult by the employer or his representative on the honor and person of the employee;

Inhuman and unbearable treatment accorded the employee by the employer or his representative;

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; and

Other causes analogous to any of the foregoing."

Please reply.

Thank you.
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