Dear IBP Davao,
I need your help regarding my situation at work. I recently tendered my resignation at my job because I felt that it was impossible for me to stay employed with my boss. I got infected with COVID-19 and although I have already recovered, I was treated differently by my boss and he stopped giving me work. Lately, he even refused talking to me whenever I would be in the area, with somewhat a hostile attitude in the rare instance that he decides to talk to me. He assigns most of my work to other people and whenever I get assigned to do any job, they are either the small jobs that require routine work or difficult and impossible jobs. When I tried to confront my boss, he even said if I am not happy with my job then I can just voluntarily resign. I have no means of income now and my wife is angry with me because she told me I should not have quit my job, instead, I should have just stayed so that I can earn a living regardless of the discriminatory and hostile treatment. What should I do regarding this, Atty?
Sincerely,
ARROW
Dear Arrow,
Although it is entirely within the prerogative of every employee to voluntarily resign from their job for whatever reason, a fine line between voluntary resignation and forced resignation must be clearly drawn.
As provided under the Philippine Labor Code, an employee may terminate his relationship with his employer by serving a written notice on the employer at least one (1) month in advance. Failure to serve his employer a written notice may hold such employee liable for damages. In such a case, this is what we commonly know as a “voluntary resignation” on the part of the employee – a free and voluntary act to end his/her relationship with his/her employer.
On the flip side, there are unfortunate instances whereby an employee is left with no other recourse but terminate his relationship with his/her employer due to certain unbearable instances and factors in the workplace which are brought upon by the employer. Here, although on the surface, it may seem voluntary on the part of the employee, it is in actuality a forced resignation equivalent to constructive dismissal.
As instructed by the Supreme Court in the case of Gan vs. Galderma Philippines Inc., 701 Phil. 612 (2013), the distinction between constructive dismissal or involuntary resignation and voluntary resignation is as follows:
“Constructive dismissal is defined as quitting or cessation of work because continued employment is rendered impossible, unreasonable or unlikely; xxx There is involuntary resignation due to the harsh, hostile, and unfavorable conditions set by the employer. xxx On the other hand, “[r]esignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. xxx”
Thus, applying the above in your case, considering that your former employer has created an atmosphere of hostility and unreasonableness which lead to your resignation, Philippine labor laws may treat your former employer’s actions as one of forced resignation, and, thus, the National Labor Relations Commission may rule that you were indeed constructively dismissed. Additionally, should your former employer raise the defense of voluntary resignation on his part, the burden of proof on the voluntariness of your resignation will fall on him.
Atty. Migs Nograles, IBP Davao Chapter Director
(The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. For more information and for further queries, you may contact the Legal Aid Office of the Integrated Bar of the Philippines Davao City Chapter at ibpdavao@gmail.com.)
