Text of the provision
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.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
An employee may resign without just cause by giving the employer written notice at least one (1) month in advance; an employer who receives no such notice may hold the employee liable for damages. No notice at all is needed where there is serious insult to the employee’s honor and person, inhuman and unbearable treatment, a crime committed against the employee or his immediate family by the employer or his representative, or other analogous causes.
Questions about this provision
- Can my employer sue me for damages if I resign without giving the required 30 days' notice?
- If I quit for one of the law's own 'just causes,' can my employer still hold me liable for leaving early?
- What kind of mistreatment by an employer is serious enough to let me resign without any notice at all?
Related provisions
- Article 284 — Disease As A Ground.
- Article 290 — Prescription Of Offenses.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.