Absence Without Official Leave (AWOL) is a serious employment issue in the Philippines. When an employee fails to report to work without informing their employer or securing an approved leave, it can lead to disciplinary action, including termination. Understanding the rules on AWOL in the Philippines is essential for both employees and employers to ensure compliance with labor laws and avoid unnecessary disputes.
This topic discusses the legal implications, employer rights, employee protections, and consequences of AWOL in the Philippines.
What is AWOL?
AWOL occurs when an employee:
- Fails to report to work without prior approval.
- Does not provide a valid reason for being absent.
- Is unresponsive to employer inquiries regarding their absence.
While some absences are due to emergencies, prolonged and unexplained AWOL can be grounds for termination.
Is AWOL a Valid Reason for Termination?
Yes, AWOL can be a valid reason for termination under the Labor Code of the Philippines. However, termination due to AWOL must follow proper legal procedures to ensure it is not considered an illegal dismissal.
According to topic 297 (formerly 282) of the Labor Code, an employer may terminate an employee for "gross and habitual neglect of duties", which includes prolonged and unjustified absences.
Grounds for Termination Due to AWOL
An employer may legally terminate an employee for AWOL if:
- The absence is prolonged and without valid reason.
- The employee fails to respond to notices or return to work.
- The employer has provided due process before termination.
Due Process Before Termination for AWOL
1. Notice to Explain (NTE)
Before terminating an employee for AWOL, the employer must issue a Notice to Explain (NTE), requiring the employee to justify their absence. This notice typically includes:
- The dates of unexcused absences.
- The potential violation of company policies.
- A deadline for the employee to respond.
2. Employee Response
The employee must respond to the NTE within the given deadline. If they have a valid reason (e.g., medical emergency, family crisis), the employer may reconsider disciplinary action.
3. Administrative Hearing (If Needed)
If the employee’s explanation is insufficient or if there is a dispute, the employer may conduct an administrative hearing before deciding on termination.
4. Notice of Decision
After reviewing the employee’s response, the employer issues a Notice of Decision, either terminating the employee or imposing a lesser penalty (e.g., suspension).
Legal Consequences of AWOL Termination
For Employees
- Loss of Job – AWOL can result in dismissal from employment.
- Employment Record Issues – A terminated employee may find it harder to get hired in other companies.
- Possible Legal Actions – If the termination does not follow due process, the employee can file a case for illegal dismissal with the National Labor Relations Commission (NLRC).
For Employers
- Legal Liability – If due process is not followed, the employee may file a complaint for illegal termination.
- Separation Pay Issues – In cases of wrongful dismissal, the employer may be required to provide back pay or separation pay.
Common Reasons Why Employees Go AWOL
Understanding why employees go AWOL can help prevent it. Some common reasons include:
- Workplace Conflicts – Employees who experience unresolved issues with management or colleagues may choose to stop reporting to work.
- Better Job Offers – Some employees leave without notice after securing a new job.
- Health or Personal Issues – Employees with medical or family emergencies may be unable to report to work and fail to notify their employer.
- Burnout and Stress – Employees experiencing extreme work pressure or dissatisfaction may choose to abandon their jobs.
How to Resign Properly Instead of Going AWOL
To avoid legal and employment consequences, employees should resign properly instead of going AWOL. Here’s how:
1. Submit a Formal Resignation Letter
The resignation letter should include:
- Date of resignation.
- Notice period (usually 30 days) as required by topic 300 (formerly 285) of the Labor Code.
- Reason for resignation (optional).
2. Serve the 30-Day Notice Period
The 30-day notice period allows the employer to find a replacement or transition responsibilities smoothly. Employees who fail to serve the notice may be required to compensate the employer for damages.
3. Complete Clearance and Exit Procedures
Before leaving, employees should:
- Return company property (e.g., ID, laptop).
- Settle any outstanding obligations.
- Secure a Certificate of Employment (COE), which may be required by future employers.
What If an Employee is AWOL Due to Emergencies?
If an employee is unable to report to work due to a valid emergency (e.g., medical crisis, family tragedy), they should:
- Inform the Employer Immediately – Notify HR or a supervisor as soon as possible.
- Provide Supporting Documents – Submit a medical certificate or police report, if applicable.
- Request for Emergency Leave – Employers may allow special leave arrangements for valid cases.
How Employers Can Prevent AWOL Cases
Employers can minimize AWOL cases by:
- Improving Workplace Communication – Address employee concerns before they escalate.
- Providing Flexible Work Arrangements – Allow remote work or schedule adjustments for employees with special circumstances.
- Enforcing Clear Policies – Include AWOL rules in the company handbook and explain disciplinary measures.
- Conducting Exit Interviews – Identify reasons why employees leave and address recurring workplace issues.
Can an Employee Be Rehired After AWOL?
Rehiring an employee who previously went AWOL depends on company policy and the circumstances of the absence. Some companies allow former employees to reapply after a certain period, while others impose strict policies against rehiring those who abandoned their jobs.
AWOL is a serious employment issue in the Philippines with legal consequences for both employees and employers. While AWOL can lead to termination, employers must follow due process to avoid illegal dismissal claims. Employees, on the other hand, should resign properly instead of going AWOL to maintain a positive employment record.
By understanding the rules on AWOL and proper resignation procedures, both employees and employers can ensure a fair and professional work environment.