Does an employer have the right to reject a letter of resignation?
By nekonyanta
@nekonyanta (892)
Philippines
April 12, 2009 1:57am CST
Hi there. I've just been wondering, since I'd most likely be filing for resignation within next week, whether or not it would be acceptable for an employer to turn down his/her employee's resignation. If so, on what grounds?
I've been having some apprehensions that my current employer may turn down my resignation due to some concerns about career development opportunities outside the firm. However, I really, really want to leave already since my job has been causing me too much anxiety and depression that I don't think it's worth keeping it anymore.
I personally believe that forcing an employee to stay against his/her will would be a form of involuntary servitude, which actually goes against one of the provisions in the Bill of Rights of our country's constitution - and I hope it is so that I could use it as an argument if my tender of resignation is rejected.
Anyway, this is my first job that I'm resigning from so I would really appreciate the insights of people who may have been in the same situation as me so please do share your experiences/opinions.
5 responses
@pals101 (2010)
• Philippines
12 Apr 09
In Law, an employer cannot turn down an employee's resignation unless the employee has sign a contract or agreement which states that he/she will stay in the company for a period of years/months. If this is your present situation then you cannot resign until you have finished the contract agreement or otherwise pay it which i think will cost a lot. But if not, then you are free to go my friend, the company cannot force you to stay..^_^
1 person likes this
@nekonyanta (892)
• Philippines
12 Apr 09
Hi there. Well, that's good to know. I already finished my bond last November 2008 and I haven't signed any other agreement which requires me to render a certain number of years of service since then.
Thanks for the response.
@oyenkai (4394)
• Philippines
14 Apr 09
An employer has no right to reject an employee's resignation - especially if the employee is not under a bond.
I hope your resignation goes smoothly because it has been months since you said that you wanted to leave your job. Don't forget your two week's notice :)
Thanks for the response on my discussion!
1 person likes this
@nekonyanta (892)
• Philippines
14 Apr 09
*lol* Well, I couldn't exactly hand in my resignation during our busy season but, well, since tomorrow's already April 15, I guess I'd finally get the chance to do so. Anyway, I have a couple of job offers already and I've actually already gone for an interview so...
Actually, I'm giving my employer one month's notice since processing clearance is really, really slow in our company, for some reason.
@jhoannejoj (963)
• Philippines
24 Apr 09
Of course employer does not have the right to reject an employee's resignation unless you signed a contract stipulating that you should work with them for some years and some special agreement that you are binded with them. Your employer might actually ask you to reconsider and offer something better yet i will advice you not to. Goodluck and hope your resignation goes on smoothly.
1 person likes this
@technoobs (406)
• Philippines
1 Jun 09
I thought they would not be as they can never hold you back against your will. Its your freedom anyway to be resigning and that the company should understand always.
I have not yet experienced that in my previous resignations to my job.
But to think of that rejecting it then it means something between the company and you.