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I'm from the Philippines, and I've been hired by this company for 3 months now. I'm still on a "trial" or probationary period. I read my probationary contract, and found no mention of advanced notice when resigning.

However, in the employee handbook, for resignation, they require a 30-day notice. Now I'm not sure if this applies for probationary or just for regular. It also said that for probationary employees:

The employment relationship may be terminated at any time, with cause, by the Company, or extended by mutual agreement.

So does this mean I can also just terminate my employment at any time since they can do that to me while on probationary?

Another factor to consider that bothers me is that the labor code here (Philippines) states that an employee must give 30-day notice. No mention what kind of employee. If regular or not.

How do you go about this if I really need to resign immediately? I really can't do another day at this job let alone a whole month.

I want to immediately resign because of many reasons including this thread I did a few days back: Boss is telling me to download software but they didn't provide me a work computer so I'm using my own. Can I refuse?

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    That you are in the Philippines is an important bit of info that could change your potential answers, so I went ahead and added that tag. – Seth R Oct 28 at 15:00
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In general, the probationary period usually means that the employee or the employer can sever the contract at any time for any reason without notice. Therefore, most of the time, you should be fine just quitting and moving on.

That said, usually this is also written in the contract when you signed it. If nothing like this is in your contract, then probably you have a special case and you might be governed by the employee handbook anyway (for some reason I don't understand but that's beside the point).

If you have no fear of being fired (because you want to quit anyway), you may want to ask your manager or HR about this. Clearly, if you raise this issue, this will make you a liability at your job and you may have trouble continuing at this company if you were to change your mind later on, so be extra-sure about this before you start asking, but if you are determined to leave this company then the logistics of doing so legally is a valid question to ask.

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    Definitely not going back or change my mind. I wouldnt even care if i dont get my backpay. As for my resume, i wouldnt put this on my experience. So theres nothing to lose really. But id feel bad of just going AWOL though. – itsmaluma Oct 28 at 15:19
  • If employees violate a terms of the handbook, the penalties are usually up to and including termination. If you leave before 30 days I guess they can...fire you? – mcknz Oct 29 at 23:11

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