Walked out or kicked out?
An employer may contend that an employee has voluntarily resigned as a defense against an allegation of illegal dismissal
Published in Daily Tribune on April 28, 2022
by: Christine Anne Marie Tan
When an employee voluntarily resigns from a job, it is presumed that the employee has done so willingly with the intent to vacate the position. However, there are situations when employees find themselves needing their old positions back or attempting to collect separation pay and other benefits from their previous employers by claiming illegal dismissal. On occasions, these employees may have a just cause of action and deserve redress. Then again there are times when they merely try to squeeze out more concessions from their previous employers though unjustified.
It is often a fine line that separates these two situations. The Supreme Court has consistently and frequently held that the filing of a complaint for illegal dismissal is inconsistent with voluntary resignation. And yet, there are times when an employee is pressured or forced to resign — either by the employers demanding that they sign a prepared resignation letter or the employees are made to work in unbearable conditions that give them no choice but to leave their jobs.
Unlike in foreign TV shows where the boss may arbitrarily fire an employee, the Labor Code of the Philippines only allows termination for the following causes: “Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; Gross and habitual neglect by the employee of his duties; Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and Other causes analogous to the foregoing.” With the allowable legitimate reasons for dismissal being extremely limited, it is not out of the ordinary for an employer to induce an employee to resign by causing or creating circumstances that would “encourage” the employee to resign involuntarily.
Leaving one’s job because of unbearable circumstances may be construed as constructive dismissal. The Supreme Court defines constructive dismissal as “involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee.” An employee who has experienced constructive dismissal may seek the assistance of the Department of Labor and Employment.
However, an employee cannot claim that he/she was illegally dismissed after resigning of his/her own free will without having been coerced or made to feel as if they had no other choice due to untenable circumstances. Voluntary dismissal is defined as the act of an employee who “finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment.” Mere suspension of an employee, for a valid reason, and not exceeding the period prescribed by law, is not enough for an employee to resign and claim to have been constructively dismissed.
The acts of the employee just before and after the alleged resignation must also be taken into account. If the employee shows signs of wanting to return to work like asking for a shift or showing up to work, that may be a sign that the employee had no intention to leave the job. Then again, if an employee voluntarily resigns and shows all the intent to leave, without showing any indication that they are reluctantly doing so, it would be absurd for that same employee to claim illegal dismissal, especially after some time has passed. Jurisprudence is clear in pointing out that voluntary resignation is inconsistent with a dismissal by the employer. An employer may contend that an employee has voluntarily resigned as a defense against an allegation of illegal dismissal.
