Under art. 3 (18) of the Constitution, no involuntary servitude in any form shall exist except as punishment for a crime whereof the party shall have been duly convicted. In view of the prohibition on involuntary servitude, an employee is given the right to resign under art. 285 of the LC. The provision recognizes two kinds of resignation – without cause and with cause. If the resignation is without cause, the employee is required to give a 30-day advance written notice to the employer, to enable the employer to look for a replacement to prevent work disruption. If the employee fails to give a written notice, he or she runs the risk of incurring liability for damages. The same provision also indicates the just causes for resignation (with cause) –
- Serious insult to the honor and person of the employee;
- Inhuman and unbearable treatment;
- Crime committed against the person of the employee or any of the immediate members of the employee’s family; and
- Other analogous causes.
In this second type of resignation, the employee need not serve a written notice.
Forced resignation is not allowed and is considered “constructive” dismissal – a dismissal in disguise.
Employee retirement is either voluntary or compulsory under art. 287 of the LC.