Termination due to AWOL, Tardiness or Abandonment
Yes, you can Terminate for frequent tardiness and absences.
Termination due to AWOL, Tardiness or Abandonment of Work is something every HR Personnel will handle during their career. So it’s important to know the Philippine Labor Law on Tardiness, as well as the DOLE rules on Tardiness and Absence Without Leave.
Let’s set the scene.
You’ve got an employee who’s frequently late and always absent on your hands, and you are wondering if it’s possible to fire him under Philippine Labor Law.
It is.
I’ll explain below how and under what circumstances you need to do this.
At the end of this article, you should have an idea of what the legal grounds and common definitions are under Philippine Labor Law, as well as the Processes for Termination due to Absence Without Leave, Tardiness or Abandonment of Work.
If you would like to discuss any particular Termination cases or scenario’s you can Contact Us
Overview of Termination due to AWOL, Tardiness or Abandonment
Tardiness is a common problem for Philippine HRs and it can be difficult for a business when it has employees who have timekeeping issues. Frequent tardiness and absenteeism decreases productivity and can seriously hamper operations.
Research in America shows that employee tardiness costs businesses more than 3 billion each year in lost productivity. Imagine what impact tardiness in the Philippines could have if left unchecked, in a country not renowned for its timekeeping!
If 1 employee is 10 minutes late every working day for one week that is a loss of an hour a week.
If that employee is part of a team that works together they are affecting not just their own deadlines or productivity but their teams too.
These issues are grounds for Termination under certain conditions and fall under section b, Art 297 (formerly 282) of the Philippine Labor Code.
(b) Gross and Habitual Neglect by the employee of his duties;
In such cases, it is important for HR Personnel to build the case that the employees behavior is Habitual.
Do you have an employee that is always late?
It is best practice to ensure that your company has good HR policies in place and that these are communicated with employees as part of their induction when joining the company.
These policies can be collated together into an Employee Handbook.
Any policy covering timekeeping or tardiness should clearly state expectations around timekeeping. It should also lay out and follow the Twin Notice Rule for Just Cause Termination [G.R. No.165282].
- Notice to Explain (NTE) (Twin Notice Rule #1) A written notice served on the employee specifying the ground or grounds for termination, and giving said employee reasonable opportunity within which to explain his side.
- Administrative Hearing Process where the employee may air his side. A hearing or conference during which the employee concerned, with the assistance of counsel if he so desires is given opportunity to respond to the charge, present his evidence, or rebut the evidence presented against him.
- Notice of Termination (Twin Notice Rule #2). A written notice of termination served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.
Always remember to speak to your company lawyer in case you have any clarifications about the Grounds for tardiness under Philippine Labor Law, and make sure that you have the correct documentation.
Termination due to Frequent Tardiness
As an HR Personnel your role will be to keep an accurate record of the instances of tardiness of any employees or cases where an employee was Absent Without Leave. You may be asked to discuss the issue with the employee to establish if there are any underlying causes.
But if your company has an employee who is frequently tardy or absent without leave, his Manager might want to dismiss him.
There are Supreme Court cases in support of Terminating tardy employees and Termination due to AWOL.
One of the most blatant cases for tardiness and absenteeism happened in the case of a driver for a small printing business [G.R. No. 168120, Jan 25, 2012].
The driver was late 19 times out of the 47 days that he reported for work.
He was also absent 19 days out of 66 days of the first quarter of 2000. That’s almost 1 working month of being Absent Without Leave!
The frequent tardiness and absences of the company’s sole driver caused the company great difficulty.
In addition to the tardiness and being AWOL he was the only driver employed by the business. His tardiness and absenteeism delayed deliveries and the pick-up of supplies and resulted in a significant impact on the business.
The employee received several warnings about his tardiness and also met with Management to discuss his timekeeping issues. He was eventually issued a Notice of Termination.
The employee went to DOLE with a claim for Illegal Dismissal but DOLE dismissed his complaint for Lack of Merit. The employee then filed at the Court of Appeals for Grave Abuse of Discretion and won his case.
The case went on to the Supreme court due to the differing judgements. When the case reached the Supreme Court the court classified his tardiness and absences as Habitual and upheld his dismissal under Philippine Labor Law.
Whilst this was eventually a good outcome for the company, responding to a DOLE complaint or case and then Court cases takes both time and money.
In this case the sole proprietorship followed due process set out in the Philippine Labor Code. They did as much as they could to try to come to an agreement with the driver, but he remained steadfastly adamant in his behavior.
Termination due to AWOL or Absenteeism
If your employee has been AWOL only once, firing shouldn’t be your first option.
Yes, it can certainly be disappointing when the person who is Absent Without Leave is a new employee. Our immediate thoughts might be “don’t you want to create the best impression in your first few months in the job?!”
But it may indicate there is a need for more focus to be given on covering the issues of Timekeeping, Tardiness, Absenteeism and being Absent Without Leave with the employee.
Some companies ask their new employees to sign a document to say that they have read and understood the company’s Employee Handbook or Policies. They even break these down as a tickbox list for each employee policy or subject.
If the employee has been Absent Without Leave several times however, you might start considering the Termination due to AWOL route.
Do you have an employee who is frequently absent?
In the Japos vs. FarmCoop [G.R. 208000, Jul 26, 2017] case, the Court upheld the termination. The employee had been absent on 6 different occasions and had been issued several Written Warnings about his absenteeism.
The Court assessed that the company had followed due process under Philippine Labor Law. The Court also quoted the company’s Policy on Absenteeism and the Employee’s Record documentation that it was presented with.
Frequent absenteeism can hurt your business.
The employees Termination for Absenteeism was very clear in this case.
The business was able to evidence to the Court that they had a good employee policy in place, their Employee Record documentation was in order and they followed due process under the Philippine Labor Code.
As a HR Personnel it is prudent to carry out your duties diligently.
If your Policies are in place, you maintain up-to-date and accurate Employee Records and you ensure you are following due process and the Philippine Labor Law, you will be easily able to explain situations or reasoning to your employee and best represent Management.
Termination for Abandonment of Work
Abandonment and Absence Without Leave (AWOL) can sometimes be confused with each other.
But they are different things and have they have different effects. If you are considering employee Termination for Abandonment of Work it is important to understand the difference.
Absence Without Leave (AWOL) is when an employee is absent and has not followed internal company guidelines on requesting leave.
An employee can face Termination for being Absent Without Leave but it is not the same as Abandonment of Work!
Whilst an employee going AWOL is not Abandonment of Work, it may lead to Abandonment.
In the eyes of Philippine Labor Law, Abandonment must be composed of 2 instances for it to be claimed:
- the failure to report for work or absence without valid or justifiable reason, and
- a clear intention to sever the employer-employee relationship, with the second element as the more determinative factor and being manifested by some overt acts. [R. 218384, Jul 3, 2017]
So, as an HR Personnel how do you prove the second requirement?
In the case of Agabon vs. NLRC [G.R. 158693, Nov 17, 2004] the company was able to evidence to the court that they had requested 2 employees to return to work. The 2 employees did not return to work at the company because they were already working for another company.
Needless to say, the 2 employees request for a ruling of Illegal Dismissal was denied by the court.
Once again, ordered and complete Employee Records files won the day for the company.
You must try a range of mediums to contact an employee where you suspect Abandonment of Work.
To evidence Abandonment of Work as a ground for Termination, you will have to try to contact your employee several times and through several different mediums.
This may be by letter mailed to their last known address (recorded/signed for), by email, by SMS, by telephone or by any employee communication channels that you have in place (Slack, Microsoft Teams, Zoom, WhatsApp etc.).
As I have said throughout this article it is vital that you keep a log of the mediums that you used to communicate with the employee, along with the date and time.
If your attempts are unsuccessful or ignored by the employee, you have clearly shown that the employee has no intention of returning to work and can substantiate that when proceeding with Termination for Abandonment of Work.
Process for Termination for Abandonment Of Work
For Just Cause, there is the Twin Notice Rule:
- Notice to Explain (Twin Notice Rule #1)
- Administrative Hearing Process where the employee may air his side
- Notice of Termination (Twin Notice Rule #2)
The Just Cause process is pretty clearly laid out in my 2022 Guide to Terminating Regularized Employees for the Philippine HR and you can refer to this for clarification.
It is worth noting that you should always consult with your company lawyer when you consider Termination due to AWOL, Tardiness or Abandonment so that you are properly guided, particularly for the more complex cases.
Atty. Francesco C. Britanico, FCB Law Firm
Lawyers in the Philippines
regarding late & undertime, the company im working for released a memo that incase your’re late for work, let say 1 hour late, it will be considered half day work and has to be filed undertime for half day. you cant file it as an hour late.
Can they do that and considered Legal?
The Philippine Law does not provide nor require grace periods or when an employee may be considered late and the corresponding penalties for minutes/hours late. It is within the company’s prerogative and policies how they define and handle tardiness. However, the disciplinary measures of an hour late is equivalent to a half-day salary deduction and requiring you to file undertime for half-day might be questionable or disproportionate unless there is a valid company policy clearly stated in your contract, handbook, or CBA and implemented and communicated fairly.
You may consult the Department of Labor and Employment (DOLE) if you believe this is excessive or disproportionate.
We have an employee that she filed a Leave of Absence several months ago before regularization with a valid reason (although considered as absent). Is it legal to terminate or dismiss an employee due to absences with a valid reason?
Yes, it can be, provided that the dismissal is based on the proper legal ground and observe due process.
I got an employee who’s frequently absent and always had an excuse this happens every month like 6-7 days absents and sometimes always go on a half day, I’ve issued that employee some warnings/memo letter even got suspended that employee for 5days but still haven’t followed the company rules
Hi. This can be a reasonable ground for termination, as long as the company have resorted several legal ways to address the employee’s tardiness and still have not followed the company rules.
Hi I’d like to ask something about a Notice to Explain I just received today, October 29.
The notice says it’s for a preliminary investigation regarding tardiness.
It lists two periods:
1st offense: July 6 to August 8
2nd offense: August 6 to September 5
Since the alleged offenses happened several months ago, I’d like to ask if the notice is still within the proper timeline or if it’s already beyond the reasonable period for issuing an NTE.
I just want to understand if due process and timeliness apply in this case.
Thank you!
Yes, timeliness absolutely applies. There is no fixed number of days when a Notice to Explain must be issued, it must be served within a reasonable period after the employer becomes aware of the offense. What you can do is ask for clarification on when the tardiness was discovered and why the notice was delayed.
If an employee is late three different times in one month, can the company legally terminate them?
It depends, an employee cannot be legally terminated, unless the company sets a clear attendance policy.
Hi, we have an employee that was involved in a fist fight last July 20, 2025. On July, 21, 2025 he did not report to work, no message. Up to the present, July 30, 2025 he still didn’t report to work. Can it be a ground for termination? We have a policy stating that more than 3 days of job abandonment will lead to termination. Also, employee didn’t answer the NTE. Thanks.
Hello! Based on the facts you’ve shared, yes, termination may be justified. Involvement in a fist fight, job abandonment, and failure to respond to the Notice to Explain are legal grounds for termination. I believe the company has also exercised due diligence in addressing the matter.
Our company policy says: AWOL for three (3) consecutive days is ground for termination for the 1st offense.
Question: If the employee was awol for three (3) consecutive days, can the company terminate the said employee effective immediately or need to provide a certain number of days?
Not immediately effective as this requires due process. The employer must issue a Notice to Explain to the employee after AWOl was confirmed, then gives at least 5 calendar days to respond and explain their absence. After evaluation the employee’s explanation, the employer may issue a formal decision indicated in the Notice of decision, it must clearly state the grounds and justification. If the company exercise immediate termination, then this is considered illegal dismissal.
Good morning Atty,
I would like to ask one of our employee has finished her preventive suspension for 3days, and is required to report to office after 3days for an administrative hearing to justify and hear her side but unfortunately she was not able to report to office and back to work again
Do not immediately terminate the employee. Philippine labor law requires due process. Send a Notice to Explain or a Show Cause order.
I was givenn nte and written warning due to my medical absences with a valid medical certification from a licensed doctor, is it right or justifiable that i should be getting those?
If you submit a medical certificate from a licensed doctor, your absence are considered justified. The NTE is part of due process, it gives you the chance to explain your side.
Good day,
Is it possible to terminate the employee who absent for 3 days without informing the HR this staff particularly new in the company and assigned as a cashier that will cause big effect to our sales because of manpower.
Termination due to absences is a valid ground under Philippine Labor Law; however, based on the current facts,3 absences do not constitute ‘Habitual Neglect of Duty.’ To justify dismissal, the absenteeism must be repeated and persistent despite warnings. Furthermore, Procedural Due Process is mandatory. The employer must first issue a Notice to Explain to provide the employee with the ‘Right to be Heard’ and an opportunity to present their side of the story before any final decision is made.
Is it immediately considered tardiness when you are late more than 15mins in a month? for example in a month you were late only once 30 mins,?. Supervisor level no flexi time and overtime pay.
There are no mandates under Philippine law sets late threshold. That depend on the company policy handbook. They usually defines what counts as tardiness. Most companies consider any late arrival beyond the scheduled as tardiness.
Hi,
Can I ask a question?
Is it possible for the company to have a rules of Time in approval for a fixed salary?
For example:
Employee schedule was 8:30AM-7:00PM (15mins grace period)
and the employee was late about 1.5hrs and implement her/his to write an explanation
this explanation was approved around 2:00PM
So the time in for that employee is 2:00pm-7:00pm is it valid for the employee to time in 2:00pm if her/his original time in was 10:00AM?
A company may impose rules on attendance, tardiness, and timekeeping. However, if you are on a fixed monthly salary, your pay is not supposed to be reduced simply because you were late, unless the company has a clear policy. What is valid is requiring an explanation letter for being late, and possibly imposing disciplinary action if tardiness is habitual.
Hi , my question is what if the employee is requesting for a 3 day-vacation leave without pay but her supervisor did not approve her request due to lack of manpower. however the employee proceeded to her 3 days absence because she already had a ticket to other country for vacation.
Vacation leave is subject to employer approval with or without pay. If the supervisor denied there request due to lack of manpower, the employer is expected to report for work. Proceeding with the absence despite disapproval is considered unauthorized leave.
Can you terminate an employee without giving notice first? If they are awol for 1 month?
Awol is considered serious misconduct or neglect of duty, which is a valid ground for dismissal. However, due process must observe and follow. First notice must be given to inform the employee of the specific violation and give them a chance to explain. After evaluating their explanation, issue the decision to terminate.
what if one particular employee got 3 or more memos in a month due to different reasons or violations, can a company issue him a suspension order? if so, for how long?
Yes, a company may issue a suspension order if an employee accumulates multiple infractions within a short period of time, but it must follow due process and the company’s own code of ethic or employee handbook.
May I ask if the committed violations especially AWOL from 2022 as first occurence counts as 2nd violation for the following year?
It depends on your company’s policies on how they track AWOL violations. The Philippine Law does not really set out rules about how AWOL violations are tracked. However, it is within the company’s prerogative to established policies on how they define “first”, “second” offenses or period within which prior infractions are counted.
The company implements 1 minute late equivalent to half day without pay, is this legal? The HR has released a memorandum and acknowledge the policy by employees.
The Philippine Law does not provide nor require grace periods or when an employee may be considered late. It is within the company’s prerogative and policies how they define tardiness. However, the disciplinary measures of half day salary deduction for 1-minute late is questionable. You may consult DOLE or NLRC with regards to the legality and correctness of the policy.
Hello may ask po ako makakabalik pa po ba sa government work ang isang govt employee once na terminated awol na po siya? please explain po. like in my case po isa po akong deped teacher, nag pasa naman po ako ng resignation letter sa principal ko po pero inawol niya po ako. makakabalik pa po ba ako if ever? maraming salamat po sa sagot po.
Government employee is under the jurisdiction of CSC (Civil Service Commission), the question whether or not you can back for service, it lies on their procedure.
What about government employees? Are there also requirements before a government employee may be terminated due to AWOL? What laws govern government employee?
For government employees, the rules on termination due to AWOL are stricter and governed by specific law such as the Administrative Code and Civil Service Commission. An employee who is absent without approved leave for at least 30 calendar days may be considered automatically separated from service. For shorter absences, disciplinary action applies, but not outright dismissal.
Is there a standard due process duration before a person who is AWOL can be terminated ? How long should employers wait for an employee to return to work before they can be terminated given that notices were already served ?
There is no waiting period, but jurisdiction requires that the absence be prolonged or show clear intent not to return. Employers must issue notice and allow the employee to explain before dismissal.
Hi. I submitted my immediate resignation to my TL last March 17,20213 and process exit clearance. On May 14, 2023 I was served RTWO by HR. How do I go about this?
This means that your employer does not recognize the resignation you submitted. You may respond to the RTWO through formal writing stated that you already resigned and processed clearance. You can attach the letter as your supporting document.
What if that employee which had been absent for 5 consecutive days and was already sent an AWOL letter; re-appears to the office. What will be the legal remedy considering that he was to be terminated based AWOL? And that the said termination based on AWOL will not be the first option?
Just observe due process of termination. First serve him a notice of explanation sating the specific charges and facts. Then conduct admin hearing or meeting with that employee to present their side of the story why did they absent for very long time and not able to announce prior or during the absence. If the employee’s defense doesn’t sound plausible and reasonable. You may issue notice of termination if provided that it is clearly stated the reason for dismissal supported with legal grounds.
Employee was absent for 14 days, informed us via chat that she have Fever/UTI but were not able to provide any medical certifications. We stalked his boyfriend and saw a post that they were in the beach. Can we terminate her?
Yes, the employee can be terminated, but due process observed by serving with a Notice to Explain and proper investigation in respect to the inconsistency between her claimed illness and the social media posts given that she failed to provide supporting documents, like a medical certification that she was actually sick. However, she must be given opportunity to clarify herself, after such, the employer can evaluate whether the acts committed constitute serious misconduct, fraud, dishonesty, wilful breach of trust, or abandonment of work based on the facts established.
If the employee filed a leave but manager did not approve it. Yet employee still proceed with his absent, when he return after 4 days absent he got a Return To Work approved form. The manager did not accept the employee, what will be gonna happen to the employee? Can we terminate the employee for being absent even he filed leave and manager did not approve it?
An employee may be terminated provided that due process is observed and the dismissal is supported by valid legal grounds.
hi I’m official solo parent..i have 4 kids and 3 of them has autism..i worked from 6pm to 6am..most of the time I came late about 30 mins late. The hr said it was habitual…they said they considerate me for a long time and they think that is enough. i ask them if it is not part of the flexible hours that the law gave to solo parent. they said its still depend on the company. is it true? what should i do with this. as a solo parent do you think they can terminate me due to tardiness?thank you
What the solo parent law says that solo parents are entitled to certain benefits. However, the law also states that flexible scheduling is subject to the employer’s discretion and operational needs. Repeated lateness, even by 30 minutes, can be considered habitual tardiness. This is a valid ground for disciplinary action, and if documented, may lead to termination but only if due process is followed.
Hi Atty,
Can the following be grounds for terminating employees (mostly tenured employees)
– attendance issues – habitual
– insubordination – what are needed documentation to prove aside from complaints of the immediate heads?
Thank you so much Atty.
Yes, under the Labor Code of the Philippines, specifically Article. 297. [282] Gross and Habitual Neglect of Duty and Wilful Disobedience. In order for the dismissal to be just and valid, there are two procedural processes that must be complied by the employer.
1. by serving a written notice on the employer at least one (1) month in advance; notice of explain and termination;
2. and providing them the opportunity to be heard or a formal hearing about their offenses.
Good evening , i just want to ask a question i am not a employer im just an employee i am constantly late for work at least 7 times a month because of some reasons my late range is 1-10 mins but mostly 1-5 mins only my work is stockman and i work 8hours a day with underpay salary with no holiday pays and im running 5 years in my company and they only recently obliged us to submit sss , pag-ibig and philhealth because of the threat of dole inspection my working hours is 8-12 then lunch. resume at 1pm to 5:30 pm but between 1-5:30 pm we have a 30 minutes break and sometimes we did not use our break because of lot of work and sometimes even if we are on break our superior calls us to continue our work even we are on break and sometimes this will happen in our lunch time and sometimes they force us to continue our work even if its raining many employees in our company is a underpay person pls help me what things and steps i will do , thank you so much and pls respect my comment godbless us
You may seek legal advice and assistance from the DOLE to review the company’s work system. If the DOLE finds irregularities, appropriate action may be taken.
We have an employee who filed for leave of absence due to pregnancy. We acknowledged her situation and replied to get return date and medical certificate but she was not responsive. I have sent 2 RTWO through mail and email but she has not replied. I also did several attempts to reach out through calls, SMS and Viber but no response. Can I terminate the employee for Job Abandonment? Thanks in advance.
Sending notices to the employee’s last known address fulfills due process. If the employee remains unreachable, the employer can still terminate, provided the notices and documentation are complete.
What if the agent were absent because he was sick for several days and was able to provide a med cert when he returned but then again was sick the following week?
What if the reason for her absences is that her baby is sick?
If the reason is caring for a sick child, this is not automatically covered by medical leave unless the company policy allows it. Without approved leave, absences may be considered unauthorized. But if the employee explains and provides proof, employers are expected to exercise compassion and discretion.
For example, you are a government employee and a contractual in a program based job and every year end you process a renewal. My question is if I committed a 2nd offense last year 2022 due to the tardiness ground for 30 days suspension but in 2023 when I received the notice, will I still be suspended? to think that my contract ended last year and I just processed a new contract again.
Yes, you can still face the consequences of that disciplinary action. Since the tardiness offense occurred in 2022 while you were actively bound by a government contract, the agency retains the right to resolve the offense and issue a penalty notice in 2023. For suspension, that depends on the decision after careful hearing. Because you are now on a brand-new contract, the agency cannot always physically suspend you from your current contract for an offense committed under an entirely separate, expired contract.
Can a company issue warnings/terminations if the company has no established employee policy?
Even if a company has no written employee handbook or policy, it can still discipline or terminate employees — but only if the ground is recognized under the Labor Code and due process is observe.
Question: What if the employee has been given 3 memos due to absences. However, the problem is the employer had several lapses on the dates when they asked the employee to receive it.
In the end, the employer will still push through with the termination despite the lapses but will give a separation pay for the years of service. Is this possible? What are the liabilities?
Habitual absenteeism can be a valid ground for dismissal if properly documented. f the employer observes the due process, you can be terminated. Normally, no separation pays if the termination ground is just cause, but 13-th month pay prorated and back wages is required.
I would just like to ask can Supervisor rejects or disapproved leave of her staff? Previous leave of this staff is always approved and disapproving her current leave is due to the other staff is also on leave on that period and staff will not be enough for December that may affects the company’s operations. And what if the employee said to her Supervisor that even the leave was not approved she will still not report to work? Can this be AWOL and at the same time insubordination? What is the best way to handle this situation?
Thank you in advance.
Employers have the prerogative to balance staffing needs with employee requests. Prior approvals do not guarantee future approvals that is not against the law. If the employees insist on leave despite disapproval, then this can be treated as AWOL and insubordination.
I was absent but notified late because I was so sick and didnt get a chance to wake up early and message my supervisor on time. However according to my supervisor it will merit me an NTE and possibly a written warning which will be cleansed for about 3-6months time. Is it right for them to do this even though its my first time incurring the said infraction? Meaning not notifiying on time.
Thank you!
Notice to explain is a standard procedure, it doesn’t mean you are already terminated. It is aprt of disciplinary action for first offense.
Employee in month will have 2 or more days absent. She will always have different reasons and can provide a medcert just to make her absent valid. She will be absent due to headache and was even given 2 days to rest by the online doctor. After few weeks, she was absent again due to headache and was given 1 day rest. This kind of absenteeism pattern is happening every month.
Recurring absences due to illness or sickness, even if justified by medical certificates, do not exempt the employee from their bad attendance. Habitual absenteeism can be a valid management concern when it already affects operations, productivity, or reliability of attendance. Hence, for this case, it would be proper to document the attendance pattern and assess whether the absences have become excessive, frequent, or disruptive. The employee can also be medically assessed by the company if they are still physically fit to fulfill the essential functions and requirements of their job. Only after proper evaluation can the company determine the appropriate course of action regarding the continuation of their employment. Given the circumstances, it cannot be immediately concluded that the employee is abusing medical leave simply because the illnesses are recurring or because the certificates were issued through online consultations.
Hello. What if I have an employee who is a runner up for an employee of the year and she is very efficient, but she had some attendance problems like she arrived late and frequently absent without any notice, can I give notice of termination to her?
In the situation that you have provided, the employee’s action may constitute “gross and habitual neglect of duties,” which can be subjected to disciplinary action that could include termination. Provided that there is enough evidence and due process is sufficiently followed. The company must prove that their attendance violations are serious, severe, and habitual. Before terminating the employee, the company must also comply with procedural due process. This means issuing a written Notice to Explain (NTE), giving the employee a chance to explain, and conducting an administrative hearing if necessary. Only then can the company decide whether or not to terminate the employee.
What is the process for having a warning. 1st is the verbal warning? What are the sequence and the process of it? Thank you
If the violations are continued, Notice to Explain (NTE) may be issued. It must be noted that the employee must be given a chance to explain before any serious penalty or termination is imposed. After thorough evaluation, the company issues a written decision. However, the process may vary depending on company policy except with the twin-notice rule that must be complied in termination cases.
Good day. Can I ask your opinion about this company policy re coming late at work:
1. 1-15mins late = 1 hour salary deduction
2. 16-30 mins late = 2 hours salary deduction
3. 31-60 mins late = 4 hours hours salary deduction
You are still required to consume your 8 working hours.
Under the Labor Code of the Philippines, salary deductions due to tardiness is legal. However, it must be fair and proportionate to the actual minutes and hours worked.
Deducting 1 hour of salary for being 1–15 minutes late, 2 hours of salary for being 16–30 minutes late, and 4 hours of salary for being 31–60 minutes late appears excessive, especially if the employee is still required to complete the full 8-hour workday. This would mean that despite rendering the required (8) hours of work, the employee suffers salary deductions far beyond the actual time missed.
The given policies might be challenged as unfair and potentially unlawful. You may consult the Department of Labor and Employent (DOLE) for further assistance and consult to determine whether the company policies are in compliance with the Labor Code.
Can we deduct 1 month salary on employees final pay as liquidated damages if reason for termination is AWOL or Abandonment of Work?
Generally, an employer cannot automatically deduct one month’s salary from an employee’s final pay as liquidated damages due to AWOL or abandonment. Such deductions are only valid if authorized by law or based on a reasonable and voluntary written agreement. The one-month salary deduction to the employee’s final pay may be considered excessive or unlawful. It should be proportionate to the actual loss incurred by the employer and it should not deprive the employee of wages they already earned.
Good day, I have an employees being absent because of sudden LBM, headache, stomachache, body pain. The company requested submission of medical certificate but the employees refused. Albeit just an ordinary illnesses they refused to submit medcert. Is this consider a ground for terminition? Or the company lawfully implement NO MEDICAL CERTIFICATE, NO WORK. is this legal?
Under Philippine Law, an employer can require the submission of a medical certificate for absences due to illness. However, requiring a medical certificate for every single minor one-day illness may be challenged as unreasonable and termination for this cause may lack grounds.
Hello! Would like to raise this case : if an employee has medical condition in which he needs to be absent twice a week in order to receive his treatment. And if he reports for work, he is no longer productive than before when he was still healthy, which means he causes delay in work and hampers the operation of the company. But his doctor has given him certification that he is physically fit to work but his actual performance is expressing otherwise. Can the company terminate this employee with just cause?
Thank you!
Generally, termination due to sickness and disease falls under authorized causes and not just causes. An employer may terminate an employee suffering from a disease if he continued employment is prohibited by law, if it is prejudicial to his health as well as those of his co-workers, and there is a certification by a competent health authority that it is of such a nature or such a stage that it cannot be cured in 6 months even with medical treatment.
Note that if the disease can be cured within 6 months, the employer can ask the employee to take a leave of absence. When the employee returns to good health, he should be reinstated to his former position.However, in cases of frequent absences or reduced productivity due to health issues are not automatically sufficient for termination, and may be questioned before the NLRC. The company must balance management prerogative with the employee’s right to security of tenure.
If an employee is AWOL 3days prior to payroll date. can you withhold salary? company already sent NTEs and AWOL letter. The employee cannot be contacted…
Generally, no. The salaries that have already been earned cannot be withheld as disciplinary measures for an AWOL employee just because the employee is unresponsive or cannot be contacted.
Hi! If a probationary employee is not answering calls and messages from employer after being absent for almost a month due to covid-like symptoms, could it be abandonment?
It is a possible abandonment, but its unresponsiveness does not automatically mean abandonment. However, in your case, it may consider abandonment since you deliberately and unjustifiably stop reporting for work with the clear intent.
Good day, I have a case wherein the employee files a leave for 2 days, then the day that he is entitled to report , he did not show up and was absent even until now. We already contacted the person through text, chat and call but did not receive any reply or notice, we already give him first notice to explain his side, an even invite him to go to office, but still no notification from him. Days past, he texted to the other employee and ask if he can get his last pay, and that was also the time I know from the other employee that he already worked with another company. Now my question are:
1. Is the case considered AWOL or Abandonment of work
2. If the employer will not release his last pay because of he committed have we not violated any law?
Thank you very much for your help.
In this case, the employee’s actions may constitute abandonment of work and may be treated as a just cause for termination. His continuous absence combined with his apparent employment with another company may be used as evidence of intent to abandon his work. However, due process must be observed by complying with the twin-notice rule. In regard to their final pay, an employer cannot refuse to release his final pay or earned wages even if they are terminated under just cases. Employees terminated under just causes are still entitled to payment of salaries already earned and other benefits due under the law, subject only to lawful deductions.
what is unauthorize absence? is this differs in absence without official leave?
Unauthorized absence occurs when an employee does not report to work without the necessary approval or justification, typically involving the failure to file a leave application or notify their employer. It can lead to disciplinary action based on frequency and circumstances. Absence Without Official Leave (AWOL) is a specific type of unauthorized absence, often implying more serious and prolonged absence without notice, potentially suggesting the employee may not return. While both terms denote absence without authorization, unauthorized absence is broader, covering late notifications or insufficient documentation, whereas AWOL frequently indicates a more severe situation, risking disciplinary measures per company policy.
When sending the notice of AWOL to the employee, will the email notice to the employee suffice? Or we have to send a hard copy letter to their last known address?
A notice sent through email might not sufficient. Usually, in Labor Cases diligent and reasonable efforts taken to notify their employees are being considered. Hence, sending a hard copy of the notice to their last known address is the best option.
We are a trucking company. Drivers and helpers are on an on-call basis. My question is, when is an on call employee considered AWOL?
It must be first established that the company rules are adequately communicated to their employees. Especially, the drivers are on-call basis and do not have a fixed schedule, it must be communicated how their attendance is being observed. In this case, repeated refusal of trips or failure to report, ignoring calls or messages, or prolonged unexplained absence may constitute an AWOL status for both drivers and helpers alike.
Good day! Can I ask a question? Ano po ba processed if AWOL ang employee? Maka tanggap din po ba ang employee ng separation pay?
No, employees terminated due to just causes are not entitled to separation pay.
We have an executive driver who was reassigned to production since the executive he’s assigned to does not want him to drive for her anymore for safety reasons. Employee was OK with his reassignment but incurred several absences, mostly AWOL. He was given several NTEs for his behaviours. We later learned from reliable sources that at those times that he was absent, he’s with LalaMove delivery services.
In the situation provided, the driver’s actions may constitute an AWOL or misconduct issue if he was truly working for a delivery service during their absences. However, it their employment to another company must be proven with substantial evidence and not rumors or hearsay.
A letter of Notice to Explain must be issued again to require the employee to answer the allegations and explain why he was working elsewhere during his absences. If proven, their repeated AWOL incidents combined with unauthorized outside work during workdays may justify disciplinary action, including termination, provided that due process is properly observed.
How many Notices do we have to send to AWOL employee’s home address in order to terminate him/her?? Thanks in advance
I worked at a private company for 1 month and I need to file a resignation due to an emergency situation. Do I need to render 30 days before ma grant yung resignation ko po?
Yes, under the Labor Code of the Philippines employees are expected to give a 30-day notice before resignation. However, if your emergency is serious and rendering 30 days is no longer feasible. You may request an immediate resignation. Given that you clearly explain the circumstances in your resignation letter with attached supporting documents. Some employers are compassionate as to not require the 30-day rendering period.
AWOL of 30days- is the company have the right to terminate the employee?
That is certainly sufficient ground.
Good day!
if an employee annually committed several offenses and even similar offenses like AWOL on various years.Can this be considered as habitual offenses and counted for termination of ever?Thank you.
Under labor law, habitual offenses may be considered as long as the employer terminate the employee under due process and proves that the pattern of misconduct is serious enough to justify the dismissal.
I was sick and absenf for 3 days i told them im sick and cant duty. The following day they told me they will tag me as awol if i wont sent a copy of medical records i send them and told them i will send my immediate resignation.. They saidbthey will not give me my last oay and the 5days because i am awol..how can they do that?
An employee may be considered as AWOL if you failed to report without notice, but since you have informed them that you are sick and provided medical records. Your absence was fully notified and justified and not considered as AWOL. With regards to your last paid and unpaid salaries, an employer, cannot generally refuse to release them. Under Philippine law, employees who resigned, are terminated, or are considered AWOL are still entitled to receive their earned wages for days worked and final pay. However, it is still subject to lawful deductions.
Hi. I abandoned my work on June 2021 for personal reasons. I informed them I will resign and will not be able to report to work. They accepted it but mentioned I will be tagged as AWOL. I accepted the consequences. Now I am requesting for a CoE. They asked me to sign a termination letter before they can issue a CoE. They claim they sent an NTE July 30 2021. I havent received a termination letter. Is it legal to ask me to sign a termination letter these days?
Yes, it is generally legals, especially if your employment was ended due to AWOL and no formal termination was documented at the time.
The employee was absent last November 22, 2021 but he only said that he will be late and didn’t said that he will be absent. Then he reported to work the next day. His reason is that he is sick. He didn’t received any memorandum. On November 24, he was absent again with notice but no reason. He never answered any calls from the HR. The HR scolded him for not stating the reason of his absence thru messages but did not received any reply. November 25 he is still not reporting and the HR messages him again but his reply was he will just resign so that the HR won’t have any problem anymore. Up until now he never replied to any messages nor answer to calls. The HR messages him to submit a resignation so that he can claim his last wage. But he never answered. Can he be considered as abandonment of work? Can he still claim his last wage even though he did not submit proper resignation?
Under the Labor Code of the Philippines, a termination of an employee without just cause normally requires a written notice served to the employer. It must be served at least 30 days’ prior written notice before the resignation becomes effective.
However, if your emergency is serious and rendering 30 days is no longer feasible. You may request an immediate resignation. Given that you clearly explain the circumstances in your resignation letter with attached supporting documents. Some employers are compassionate as to not require the 30-day rendering period. Even if the company does not approve the immediate effectivity of your resignation. It generally cannot be refused because resignation is a voluntary act, but on the other side, you may be held liable for failure to comply with the 30-day notice requirement, depending on your company’s set of policies.
Hi there! Are employees who are terminated due to AWOL still entitled to their Final Pay and can we confirm if we still need to pay them for the 30-day notice period stated in the law?
Yes. Employees terminated due to their AWOL status are still entitled to their Finay Pay including earned salary and other accrued benefits that are subject to lawful deductions.
However, employers are not required to pay the 30-day notice period because it only applies to employees who voluntarily resign without proper notice, not to employees terminated for cases of AWOL or abandonment.
Can the NTE & Notice of termination be thru any of the ff. text, call or email? Sending snail mails is quite tedious.
Electronic documents, like emails, have the same and shall not be denied legal recognition as physical paper documents. However, it is still best practice to send hard copies to the employee’s last known address for stronger proof of compliance with due process, especially in termination cases because the Labor Code requires the final actions to be in writing. Whereas calls or verbal notices alone are usually insufficient and not encouraged
Asks question, what if an employee are late not exceeding 15 minutes per day for eight days ,for a total of 53 minutes per month, it is considered as suspension offense?
This may depend on the company policies communicated to the employees beforehand. Do note that the math of the given scenario does not add up.
Is your PRC licensed will revoked if your employer will reported you to PRC as AWOL?
The PRC cannot simply revoke a license because the employer claims the employee went AWOL, it is a labor issue and not a license violation that warrants license revocation. The PRC normally revokes, suspends, or disciplines a professional license only for grounds provided under the specific professional regulatory law or under the PRC rules, such as gross misconduct, immoral or dishonorable conduct, fraud or deceit, malpractice, gross negligence, criminal conviction involving moral turpitude, or violations of professional ethics.
My niece been terminated because of her late, can she req. A certification of employment even she was terminated?
Yes, she still has the right to request a COE.
Hi!
An employee whose leave ended was contacted by his supervisor to remind him of his return to work, however said employee informed his sup that he will no longer be returning to work and will resign instead. The employee was advised to submit a resignation letter but until now we haven’t received it yet. He has not returned to work since then, is this considered abandonment and grounds for termination?
Yes. You may still claim your separation pay even if 4 years had passed. However, it depends whether if you are or you are not entitled to separation pay. Under the Labor Code, Separation Pay is only given to employees terminated under just cases or dismissed due to diseases. Leaving work voluntarily without proper notice due to personal or family issues is generally treated as resignation rather than termination. In such cases, employees are typically entitled to unpaid salaries, prorated 13th month pay, unused leave credits (if convertible under company policy), and other earned benefits. However, some employees can still get a separation pay even if they voluntarily resigned given that it is within their Company’s Policy or CBA.
I submitted my resignation and approved by the company. But they want to extend my stay because something came up and they needed to investigate. I can participate in the investigation but I would like to take my leave since i’m having health problems and not to fit for work, i have my doctors recommendation because of covid 19. Can I do that or i should ask them nlng to terminate me para walang gulo?
You can resign as a matter of right.
Can a company terminate without giving a final warning NTE?
No, that can be fall into illegal dismissal. Termination must be serve with due process.
What about sa mga employee naman po na, na terminate bcs of abandonment of work, makakapag request parin po ba sila ng COE to their previoud employer? Kung makakapag request pa naman po, pepwede po bang tumanggi si employer na magbigay ng COE?
Employers cannot legally refuse to provide it, although the CEO will only state the facts of employment and its duration, not the cause of termination.
Can I ask po if the employer may imposed another deduction if the employee is late, aside from every minute late of php1 would be adding another penalty deduction? In which article in labor law or DOLE has particular indicator if it is illegal or not permitted po?
No, employers cannot impose arbitrary or excessive deductions beyond what is allowed by law. Deductions for tardiness must be reasonable, proportionate, and not punitive. Under the Law, specifically Art. 113 of the Labor Code, employer can make deduction if is authorized by law, or with the written consent of the employee for lawful purpose. The DOLE Advisory No. 11, series of 2014that employers may deduct for tardiness or undertime, but ONLY in proportion to the actual time not worked. Additional penalties are only allowed if it is part of the company policy and the employee has been informed and has consented. Additionally, the DOLE advise the employer to implement disciplinary measures for tardiness, but monitory penalties beyond wage deductions for actual time lost are discourage.
What to do if you received an awol letter from the company?
If an AWOL letter was served to you. You should immediately reply in writing, explain your absences, attach any supporting documents if available, and inform the company if you still intend to return to work. Ignoring the notice may lead the employer to proceed with disciplinary action or even termination based on the records they have.
I’m a sales employee 8 years if awol then terminated may makukuha pa ba na comission, retention?
Commissions are considered part of wages if they are directly tied to sales already made. Retention or incentive pay depends on the company policy or contract.
I was able to file an Immediate resignation but, I did not process my clearance and now I have been away from the company for two years. Can I still comply with Clearance? and get a Certificate of employment?
Would it be considered as AWOL? Even you submitted an immediate resignation with a valid reason?
You can contact the company about clearance. All employees are entitled to a certificate of employment.
Already answered your earlier question.
I am filing immediate resignation but my company won’t allow me. If I will render less than the days they require me or i will leave the company earlier, can I still process my clearance and get my unclaimed salary and COE?
Although you are entitled to your salary, clearance may pose a practical problem if you do not follow exit protocols so that the company may withhold it until the clearance procedure is complied with.
Is it need tosign in a copy of NTE of the company which having a misconduct because of not done DTR but I done my biometric finger for in and out….if I terminate of it ..is tthe company need to give me separation pay? How about backwages because company don’t have social benefits to all workers in 5 yrs of service
Misconduct under the law means that there is a wilful violation of company rules that is serious in nature. Forgetting to punch in and out usually treated as minor infractions, not grave. However, if it is habitual, deliberate and with intention then it can be considered serious misconduct. If terminated with this grounds that falls under just cause, then the employee is not entitled to separation pay. Backpay are only awarded if you file for illegal dismissal.
I was able to file an Immediate resignation but, I did not process my clearance and now I have been away from the company for two years. Can I still comply with Clearance? and get a Certificate of employment?
This is something to take up with the company itself.
Would they consider me as AWOL even though I have been filed an immediate resignation with a valid reason?
If you have validly resigned, they you can no longer be terminated.
Can I still claim my separation fee? Howeve, They disclose this situation as AWOL.
There is no separation pay for resignation. You may be entitled to unclaimed salary, but this is different from separation pay.
What will be the consequences if I don’t reply to a notice of abandonment, insubordination, negligence of duty and breach of trust and confidence in my job sent by my company?
The company may proceed with the investigation and decide the case based on available evidence. Your non-responsiveness may be treated as a waiver of your opportunity to explain your alleged violations, this can increase the risk of disciplinary action or termination. It is generally better to submit a written explanation, especially when serious allegations like abandonment, insubordination, negligence, or loss of trust and confidence are involved.
I AWOL from my last job. If I will immigrate to another country, is there a chance that I will get hold or i cannot immigrate due to this?
We cannot speak for the immigration requirements or policies of other countries.
Hi. We have a small business in the food industry. As such, we don’t have an HR unit and no existing policies are in place with regard to AWOL. In our case, we have suspended our operations for 1 month due to the pandemic (COVID-19), however, upon the resume of operations, we have been contacting our employees if the will be able to report. 1 year has passed and they still have not reported to work since the temporary closure of the business. Can this be a ground for lawful termination? We are in the process of writing a notice of termination and just wanted to confirm if this is a lawful process. Besides, we are also cutting out personnel costs. Thank you.
This can be considered AWOL.
I have a contract with the company for 2 years and I want to AWOL. I’m still 8 days working.
AWOL is a valid ground for dismissal and walking out without notice can be treated as breach of contract. The company may terminate you. This may also reflect and affect in your future employment.
In our company you have 4 lates only in one year , it is in the labor code ?
There is no specific rule in the Labor code. this kind of rule usually comes from the company policy or employee handbook.
good day! can a regular employee who is charged with AWOL can still return to service?
YES. A regular employee charged with AWOL status may still return to work if the company allows it or if no final termination decision has yet been made. Being AWOL does not mean an employee is automatically terminated.
Can an employee receive its last pay when he/she commits AWOL?
Yes, AWOL employees can still get their last pay.
Good day! We have 2 employees on “absenteeism”. the 1st is ‘gone for 2 weeks, then report for 2 days then absent for 2 weeks. the 2nd is gone for 2 months now. what would be the appropriate case for these 2 truck helpers that hampers our operation. thankyou and Godbless.
The grounds for absenteeism appear present. The two notice rule requirement should be followed in any case.
i have been absent for 1 day and failed to notify my supervisor? will I get terminated?
Hi. One day absent without notifying your supervisor is NOT a ground for termination.
Is AWOL qualified to receive a separation pay and 13th month benefit?
Only 13th month pay.
Hi, hope you can help me on the rule on tardiness. If an employee comes in late like, 10 or 20 minutes, say 8:15 when the prescribed time is 0800 but he/she works 30 minutes after office time, is that acceptable? What is the law on that? Thank you.
This very much depends on company policy as made known to the employees in the company handbook or in office circulars and office custom or practice.
What if the employee did not report for work for more than 5 months then one day came to the office and wants to go back to work
Unless there is something else to consider, that’s very clearly an unreasonable expectation.
My employer will tag me as AWOL because of not reporting at work, due to miscarriage it happen exactly one week from now. The moment I was admitted at the hospital I ask my supervisor that I cannot report at work because I will undergo on a surgery. I receive a text message coming from my supervisor that if I don’t report immediately at the head office they will tag me as AWOL can I report from dole? Is this legal? they will tag me as AWOL because I can’t report at work because of medical condition.
Under the Labor Code, an AWOL status typically requires a clear intention to stop working, which does not appear present in your case, provided that you already informed your supervisor that you were hospitalized due to miscarriage and needed surgery, your absence should not automatically be considered AWOL.
Thus, it is important to keep copies of your medical documents and messages to your supervisor as proof of your situation, should the company insist on tagging you as AWOL.
Good day. Is it a violation to the law that if an employee is an hour late, the employer will consider you absent, and will not pay you for the whole day?
The Philippine Law does not provide for or require grace periods or when an employee may be considered late. It is up to the company to determine its own policies regarding the definition of “tardiness.” However, the disciplinary measures of an employee being an hour late, and the employer will consider it as being absent and will not pay you for the whole day, may be disproportionate as a penalty to the acts committed and may be viewed as too harsh or unlawful.
it could ne conseder 1day absent as AWOL?
No. One day of absence does not constitute an AWOL status. However, it may be treated as unauthorized absence if the employee failed to notify the company or had no valid reason.
To be AWOL, there must be elements that be present such as failure to report to work, without notice or justifiable reason, and intention to sever the employer-employee relationship.
Do we still need to give 13month bonus to AWOL employees?
Yes. As required by the Philippine Labor Code AWOL employees are still generally entitled to the prorated 13th month pay they already earned before separation.
one day absent without inform superior ia a ground for awol
No. One day of absence does not constitute an AWOL status. However, it may be treated as unauthorized absence if the employee failed to notify the company or had no valid reason.
To be AWOL, there must be elements that be present such as failure to report to work, without notice or justifiable reason, and intention to sever the employer-employee relationship.
Can an employer ask for a medical certificate even if the employee committed only one (1) day of absence due to sickness?
Yes. An employer can ask for medical certificate even for a one-day sickness absence if this is part of the company’s attendance or sick leave policy. However, the policy should be applied fairly and consistently to all employees.
i am resigned employee but i did not show up for the last 2days of my render to the company without noice. am i awol?
It may be considered an AWOL even if it is in your remaining render period without notice. It may still be treated as unauthorized absence, or possibly AWOL in those 2 days. However, your resignation remains valid even if the company tagged you as an AWOL.
can we terminate an employee who is always absent in one month and many tardiness..
Termination is possible due to excessive habitual absences.
Please do read the above post to see supreme court pronoucements, the process and other information on how to do this well.
Hello.
Are employees required to affix their signature in a company policy? Or is it okay that the policy was just read to them? This is in line with absenteeism and awol, so we can give them NTE. Thanks
Sent an email.
Can an employee be terminated if he abandoned his work for 6days after a confrontation Which causes him yelling and disrespectful and even walked out?
Yes, it can be a ground for termination. However, it will still depend on the facts of the case, because it is not automatically considered as abandonment even if he had not report for his duty for 6 days already. The company must prove that he abandoned his work and ensure that the legal requirements for termination of abandonment causes are actually met to avoid illegal dismissal. Before terminating him, it would be proper to send him a Notice to Explain letter before proceeding with the termination process.
Our company already sent NTE letters to our 3 employees for not reporting to work without leave advice (AWOL), and gave them 5 days to explain their side. We also invited them to our office to air their side but they did not came. Is it legal that we issue another letter to them like Notice of Termination? We just learned that 1 of them is already working in other company. Our company’s policy for AWOL, first offense is Dismissal. Thank you.
Sent an email.
Good day. We have one employee who has been habitually absent for the last three years. He had received memos, and suspensions for the same violation. His last suspension was January 2019. However, during the past months, he only incured five tardiness every month (february to june). Can we still terminate him for the same violation? He is also not performing and not hitting target sales. Thank you
Hi Ayen:
In general, the labor law allows termination due to tardiness and absences. It also permits termination if the person has not attained performance targets.
It is important to follow labor law in both substantive and due process requirements when terminating.
Please note —
It is not possible for me to comment on your specific situation since I am not familiar with all the facts of the case. I generally review the case thoroughly before commenting on a specific situation.
I have 1 rest day dated june 27 i ask for absent I june 28 then emmergency happend july 29 but july 29 same date message everyone including officers thati had a long day emergency whole day so night ti.e i msg thenall explainingand now they say iam.awol..pls helpn TC
The company may still classify it as AWOL if you did not inform them before or during working hours. Sending a message only at night after the absence may be considered notice.
I am a Manager of a Logistics company.My salary is fixed but they deducted on my late and I have a notice to explain on my Tardiness but the span of time was only 1 to 3 minutes 9 times in a month.Do we have a labor code on Managerial positions being memoed on being tardy?Arent our positions not flexible during working hours?
The Labor Code of the Philippines does not exempt managerial employees from company rules on attendance or punctuality. While managers are not entitled to certain benefits (like overtime pay), they are still employees bound by company policies. Employers have the prerogative to enforce discipline, including on tardiness, provided it is applied fairly and consistently.
is it okay to issue notice to explain regarding tardiness for the month of March 2024 in August 2024?
Issuing notice to explain months later makes it difficult for the employee to provide a specific explanation. If an employer waits too long to act on a known violation, the employee can argue that the company has waived its right to discipline or has condoned the behavior.
May I ask how many days are there to be said as habitual absences? 10 days absences in a year can be a ground for termination? If the company terminates an employee, will the employee receive separation pay? Thank you.
There is no specific number stated by law.
It is up to the court to interpret what this might mean in a certain situation.
I was having a health issues. I’ve experienced extreme chilling and my jaw almost locked need to be escorted on the exit door to warm my body then after that went to the clinic and was sent home. My superior was aware of it. Then few days not comin to work ive got terminated due to awol, but my superior was fully informed of my situation.and right now they are deducting 10,000 on my final pay.But i havent received any single penny on the days that I’ve worked for them. Is it legal? I told them to check on the clinics record proving that i had health concerns during that time,Is it legal for them to penalized me for that?
Based on the situation you have provided. The company’s action may be questionable and could possibly indicate illegal dismissal an deduction. Especially, your supervisor is aware of your medical condition. Your absence based on your situation cannot be considered as AWOL. Immediately treating employees with health issues as AWOL and terminating them might not be justifiable.
Moreover, the ?10,000 deduction from your final pay imposition of arbitrary penalties or deductions are prohibited unless these are authorized by law, voluntarily agreed upon in writing, or clearly supported by a lawful company policy consistent with labor standards. If this deduction is a penalty for AWOL, this could be questionable. Employees are entitled to wages for days already worked. A company cannot simply withhold all earned salary without lawful basis.
If the company refuses to release your earned wages or if you believe the dismissal and deduction was unjustified, you may file a complaint or request assistance through the Department of Labor and Employment (DOLE), or directly before the National Labor Relations Commission (NLRC) for illegal dismissal and money claims.
My father is an awol draftsman In his filed work in sistosomiases control unit he is the head of ther group engr that go to the brgys of catbalogan Samar in year 1974 to 1990 my father went home since I was a little child that TYM my mother is a teacher in that evening my father tell a story that in his team ther are 8 person every group in a week later since my father is on his work 2 of his co workers did not report to ther baraks and a few days another 1 his co worker did not comeback thers no contaks in the family my father desire to go home and abomdon his post because that area of ther narks is the walking rebels every night but at the past dire Hera linabtan an kawaray na balik am er 3 nga member katima waray Balita AMO pakalugar han Alkpapa umuli heya ha LEYTE and my mother told him not comeback to his work in Samar that Time damo an mga news hin pamatay ha smar Kay damo NPA nabaraka an Akon mama kinsiring AK papa nga mabuhi man kita Kay teacher man Akon mama that’s why my father AWOL TO HIS SERVICE IN CATBALOGAN SAMAR AS DRAFTSMAN ENGR.
Hello. I’m sorry, but the language you are using is difficult for me to understand, so I cannot properly answer your inquiry. My apologies for the inconvenience.
What if the employee keeps on being absent due to sickness? Though they are able to provide medical certificate but they are not able to complete the 40hrs working hours. What if its becoming their behavior? Like its happening every month.
This will depend on the situation.
There are possible alternatives but more information, company documents, and interviews with the people involved need to be conducted to accurately determine the correct course of action.
I resigned, they didn’t accept my resignation, they said I was awol , then when my last salary they deducted more than 2k, did they do the right thing?
Voluntary resignation is valid once you submit a written notice. If your employer did not accept your resignation and instead tagged you as AWOL, they may classify your separation as termination for just cause. However, this must be supported by proper documentation and due process. As for your salary deduction, this can be only authorized if the law provides it, authorize by you in writing, and there is a court order. What they did is not valid. You may file a complaint wit then DOLE for this your employer’s liability.
Hi,
RE:Absenteeism, employee had been habitually making absences for more than 2 years now (no pattern e.g. not every Monday but never miss to absent every month (7 – 10 days), she informs the HR/Office with a valid reasons.Already made due process (many times) sending her notices, reprimand, counseled, and letting her commit willingly to change for her sake. I believe proper due process was made. Can she be terminated? She is one of the pioneers in the company (20 yrs)
Thanks
Dear Buds:
Tardiness and absenteeism is a ground for termination.
However, I never comment on a particular situation until the documents are examined and interviews with the HRs are conducted as it is difficult to tell from simply hearing one side.
Can you terminate an employee who was served with a lot of suspension already due to major offenses?
How many suspension case should merit a termination?
Dear Allan:
It will depend on the situation.
Hi, good day. I would like to ask on your opinion. I have an employee who was late for a total of 53 days (total of 16 hrs plus) within 5 months. On her perfomance review, their was a phrase/provision that stated “any similar occurrences will be dealt and a Disciplinary action will be issued.Employee signed and received her performance review paper. So after 1 month, employee incurred 3 tardiness. A DA was issued to her but now, she contested it and consult a lawyer since her defense was she was only late 3 times and total was only 23 mins. Any idea on this?thank you
Sent you an email.
Hi, can an employer AWOL an employee who’s rendering, for being absent for 2days subsequent to his rest day due to sickness and with medical certificate?
Hi Toy –
This is very difficult to say as it depends on the facts.
I am not certain what you mean.
If the employee has a medical certificate, then this would fall under sick leave if she has followed your internal company policies.
If the employee has no medical certificate and was simply absent, then this would be AWOL.
HI.
Can an employer (construction firm) complain against an employee who have been complaining at the NLRC for illegal dismissal? Truth is, he was just being transferred to another site and was even given transportation allowance to go to the other construction site but he never showed up and instead filed a complaint saying he was illegally dismissed. He was instructed by one of his co-employees before to file a complaint and asked for commission when the employer pays him his demands. What can the employer do and does the DOLE protect the employer also or only the employee?
Labor law is made to respect the rights of both the employer and the employee. On occasions when one side makes false claims, there may be no choice but for the other side to stand up for itself in a labor case.
For rendering the NTE, is it required that the supervisor should have issued a warning first (written or verbal)?
Is it lawful to issue NTE right away?
Yes, a company can certainly do this.
Hi, if the employee had a suspension for 3 days and after that suspension he did not reported to work for 3 days but he texted that he cannot report to work because of house constraction..i would like to ask if is it consider as AWOL and what is the first action to be given to him or the due process for this kind of situation.
AWOL is when an employee did not comply with the company’s internal rules and regulations on absenteeism. If he did not, you may send him a Notice to Explain as the first step in addressing this disciplinary issue.
Hi, we have an employee (actually husband and wife) who filed for leave of absence due to emergency reason and went to their daughter in Cebu who is having complicated pregnancy and is about to give birth. They have followed the company rules on filing for leave of absence, however, they have not expressed when can they return for work. For 3 days now, there has been no communication from them. Will this be a ground for AWOL, since abandonment of employment is not applicable. Kindly advise, thank you.
In this case the husband and wife cannot be automatically tagged as AWOL, given that it is an emergency situation involving their daughter’s complicated pregnancy and impending childbirth. It should also be considered that they have followed the company rules on leave application, even if they have not communicated when they are returning for work and for the 3 days that they have been absent. In observance of adequate due process, a Notice to Explain (NTE) requiring them to explain their continued absence and failure to communicate with management and an opportunity to be heard to present their reasons are provided. Only after evaluating their circumstances can, you decide on their termination.In consideration of their reasons, our labor code, and your company rules.
Hi, we are currently on the process of revising our code of conduct. One of the topics that has been brought up is regarding the habitual absenteeism of an employee. According to your article, it is the company’s prerogative if the firm can consider an employee to be habitually absent. The law only requires sufficient evidence to justify the action.
My question is: if an employee advises his/ her manager or even HR that he will be absent, will it matter with law’s decision even if the absenteeism is occurring frequently along with tardiness? We are aware of the situation of the employee however, absence is too frequent that his presence cannot be counted on.
Thank you for answering and appreciating your article a lot!
Sent you an email.
hi,
same question above
thank you so much this will help me a lot.
Gross and habitual neglect of duty by the employee is a just cause for the termination. An employee’s habitual absenteeism without leave, which violated company rules and regulations, is sufficient to justify termination from the service. Habitual tardiness and/or absenteeism is a form of neglect of duty as it exhibits the employee’s deportment towards work and is therefore inimical to the general productivity and business of the employer. This is especially true when the tardiness and/or absenteeism occurred frequently and repeatedly within an extensive period of time.
Hi, we are a manufacturing company operating for about 15 yrs with 9 operators on rotating shifts. However, there is an operator we would like to terminate due to habitual absenteeism and tardiness. This operator would be absent due to recurring health issues such as hypertension, vertigo or osteoarthritis. What are our options regarding termination? He would not resign because he wants us to pay him full separation pay. Can we terminate the employee without separation pay if he is unable to work for a month without being absent for several days in a week. Needless to say, his absences is affecting our schedule and production. And it is causing demoralization among the other operators, because he is getting the same benefits as the others. Will appreciate any advice. Thanks
Sent you an email.
Hi. Im just wondering if i can have a COE and ITR in case i will pursue my plan to awol frm a specific company? I feel under paid, I worked 9hrs/day, meal is not paid. Ive been employed for for them for almost 2yrs, my monthly wage is just 8,600 pesos only, i mean its very hard to earn nowadays since its pandemic but instead of helping employees, i felt im going to be buried with other debts. Btw, im currently in iloilo city
Yes, you can still request a Certificate of Employment (COE) and your BIR Form 2316 even if you decide to go AWOL from your company.
Hi. Do we need to issue a memo on the employee for his tardiness before we can proceed to asking a notice to explain?
Hi:
You can incorporate that memo into the notice to explain. Give enough detail so that the employee is sufficiently informed of the incident and infraction in question and its possible consequences on his employment.
Please remember to follow due process as outlined above which has the 2 notice rule among others. In addition, keep thorough documentation.
can we terminate or suspend an employee due abandoning his work,, he did not return to work after lunch break without informing any of the personnel in the admin or even with his co employee.. thank you
Abandonment has requirements that must be followed for it to be an allowed ground.
I go through this in: https://lawyerphilippines.org/2018/06/26/termination-due-to-awol-tardiness-or-abandonment/#Termination_for_Abandonment
If the employee does not qualify for abandonment, it is first usually classified as AWOL for which internal company processes apply.
Note that due process and documentation must be followed in all situations.
Hi. We have a small business in the food industry. One of our cooks suddenly invited a friend over to be an addition to their team. However, we, the owners, weren’t informed right away and was only told that his friend is already on the way from the province. So we accepted him as a trainee. We do not have a contract nor a company policy back then. after 3 weeks, he suddenly went back to their province, left our group chats and informed us the next day that he will not be coming back. We still have 5 days of his training to be paid in the next due date. Because he left immediately, our schedule and operations were greatly affected. So we gave him half of his salary as damages to our operations. Now he wants to file a complaint. Can you help us if what we did was acceptable?
Since there was no contract and the person was accepted only as a trainee, his status is ambiguous. However, once someone performs work and is paid, they are generally considered an employee under labor law. An employee who suddenly leaves without notice is considered to have abandoned work. If he files a complaint with the DOLE, keep all the records that the employee shows abandonment as your defense. But it is wise to settle this matter as earliest to prevent further escalation.
Hi,
Would an employee be considered AWOL and is it a ground for suspension if at 3:00pm he asks for approval from his superior that he will leave early at 4:00pm but did not receive a reply from the superior? He did not leave work at 4 but instead leave office at 5:00pm. He did come back for work the day after though. Thank you
Hi JM:
Please clarify the situation. I am not sure what the concern is.
Hi just want to have some clarification will it be considered if an employee did a 3 days of absents with notice on their supervisor regarding on a matter of child emergency since employee is a single mom. Now company gave the employee a notice to explain and a hearing for the AWOL issue which the employee clearly provided that she did gave further notice on those dates employer claims that she was AWOL.
If it is still at the administration side of the company, work with your company HR and see what can be done.
We have an employee under probationary period and started AWOL. We’ve sent him 1 email of NTE and 2 mails of Request for appearance but we haven’t heard from him for 2 weeks now.
Do we still need to send a Notice of Termination letter to him?
Sent an email.
What if the employee’s reason for awol is that she does not have money to pay for med cert which is a requirement to come back to work? No company doctor.
Under the Labor Code of the Philippines, employers may impose disciplinary measures on employees exhibiting undesirable behaviour, sanctions or penalties may be imposed, ranging from verbal warning, written reprimand, and suspension without pay to ultimately dismissal from employment. Given that the employee could not afford a medical certification, the employer must provide a reasonable time for the employee to comply the requirements that they must present as proof of their illness. Since there is no company doctor, the employer should also apply the policy fairly and humanely, especially if the employee communicated their situation. However, the employee is also responsible for keeping the company updated, responding to notices, and adhering to return-to-work requirements.
can an employee go awol for some personal issue such as romantic relationship with another employee that he/she wants to avoid
the company didnt approve immidiate resign which is first offer to the company
Generally, personal reasons like romantic related issues like wanting to avoid another employee is not a valid reason to go AWOL. The best course of action is to file a formal resignation and notice or HR intervention—not unexplained or unnotified disappearance from work. However, if it is immediate resignation without legal just cause, the employer may require the 30-day notice period or treat failure to report during that period as an AWOL.
Hi….. Can an employee be dismissed for being ‘ AWOL’ for 1 day but on 2 separate occasions within 1 month. 1st occasion was due to outcome of medical results and 2nd occasion was for self medicating at Pharmacy ?
These are considered minor infractions. In situations like this, if your employer issues a Notice to Explain (NTE), you should provide a clear explanation of the circumstances and submit supporting proof such as a medical certificate to show that your absence was due to a legitimate medical reason. Dismissal in this case would be too harsh and could be challenged as illegal dismissal.
hi, I would like to get your opinion when it comes to policies on tardiness? an employee needs to inform immediate superior for late/absences , should it be? 1. not later than the first 2 hours of shift or 2. 2 hours before the shift? Thank you.
Hi Jay Lim:
In Labor Law, the government recognizes the right of management to direct and regulate their employees’ work. This is called management perogative.
Essentially, this means that the company sets internal rules and procedures that must be followed within the framework on Philippine labor law.
This is applicable in your case.
In case agreed to be terminated because of tardiness, am I entitled for any seperation pay?
No, employees terminated due to just causes are not entitled to separation pay.
Hi. Can we out rightly terminate an employee who is under probation for being AWOL (happened once and for 3 consecutive days)? And for not being able to meet company’s expectation of him/her?
Hi:
A probationary employee can be terminated if he is not able to meet the company’s expectations and standards. These should be communicated to him and explained.
AWOL instances can be also brought up during the explanation of why he is not to be regularized.
Is halfday absent consider awol
Did you inform your HR? Did you follow the Code of Discipline?
Hi can employee be terminate if he already passed resignation letter immediately before he received return to work order?
Yes. Employees can face disciplinary actions or termination after an immediate resignation if the resignation was not YET accepted before the employer’s Return-to-Work Order (RTWO) was issued.
Hi! I tried explaining to my supervisor that i couldnt make it to work bec i was having really bad cramps and diarrhea due to contraceptive pill withdrawal. He mentioned it was an invalid excuse. I told him i will do my best to go to work that day if i feel better. I reported to work half day. Was that terminable?
Generally, no. An absence for a single day or half-day due to illness if not usually considered as a terminable offense, given that you informed your supervisor and still reported that day. However, to ensure that your supervisor is properly informed, you must provide supporting documents or medical certificate to justify your absence.
Termination usually is only applied to serious or habitual violations, not an isolated incident explained in good faith, like you provided.
Is there any sanction to the employee, that he /she absent today then he / she will work on his / her Rest Day but did not inform the HR or the Manager
because the employee do this several times.
If the employee habitually changes his schedule without informing HR, then she/he should be reprimanded as per the company’s internal guidelines.
If other sanctions are being contemplated, then due process should be followed with well documented proof.
Can an employer provide a sanction to a previously sick employee who presents a valid medical certificate / fit to work clearance from a doctor upon return to work?
Hi Horace:
This is a very broad question.
A lot depends on the exact situation and facts. It would have to be very clear and consultation would be needed to provide a useful answer since the circumstances will dictate the advice.
Can a probationary employee be sued for being AWOL?
Under Philippine labor law, AWOL is generally not treated as a civil or criminal offense but as an employment or disciplinary matter. However, an employer may file a civil case for breach of contract if the company can prove that the employee’s sudden departure or unauthorized absence caused specific and actual financial damages to the business.
Good evening can i considered AWOL if i absent 2 days ?
My employer terminated because im AWOL and i did not get any notice to explain my self,is that right to terminate me?
Can i get separetion pay if they terminate mi as AWOL?
Generally, being absent for 2 days does not automatically constitute an AWOL status. An AWOL status is not based on the number of days absent. The employer must still prove that the employee intentionally failed to report for work and showed a clear intention to sever the employer-employee relationship.
The absence of Notice to Explain Letter or opportunity to explain your side prior to your dismissal. Without these procedures, the termination may be considered procedurally defective or possibly illegal, depending on the circumstances of your absence.
As to separation pay, employees terminated for just causes such as AWOL are generally not entitled to separation pay under the Labor Code.
How many absences, tardiness, abandonment are needed before to terminate a worker?
I previously mentioned this in response to another comment, but I will recap here.
The court has not defined the number of times that is needed to terminate for absenteeism or tardiness. To terminate for this reason, you will first have to show enough proof that the behavior is habitual.
Please also remember to follow due process.
Hi. Can an AWOL government employee go back to service?
Speak to the government agency involved.
Can AWOL be a reason to hold employees salary or benefits
No, there is no provision in law that provides the employer to hold employee’s salary. This is illegal.
This is another issue.
Our boss issued a memo to her staff requiring them to tender courtesy resignation to have a new leadership team.
I did not follow the memo, is it a ground for insubordination?
Forced resignations are not allowed in private companies.
Can employer terminate the employee while rendering?
Hi:
I am not certain what the question actually is.
The employer can terminate an employee for many reasons, one of them being tardiness/absenteeism.
Absent without any info once on the first day of absent and the second day is with info with attachement of medical certificate that my son was sick it should be considered as awol by my supervisor.
Generally, an employee cannot be AWOL by default just because they failed to present their medical certificate on their first day of absence. It must be considered that the medical certificate was presented on the 2nd day, this could be sufficient to prove that the absence was justifiable.
Can we terminate a probationary employee due to not reporting to work after not being granted a leave? Employee initially ask for a 3 day leave but was not granted, reason not valid enough. Employee pushed through with. When ask if she is till gonna work replied yes but she will be reporting to work 10days after her last duty.
There might be also underlying reasons why the employee is not responding to your RWTO. Hence, the best course of action for this would be not to terminate her immediately and send her a formal Notice to Explain (NTE) to prevent illegal dismissal.
wont DTR b sufficient engh to proof frequency of lates n absences?
may i knw how many times b consider frequent in a month.
btw can we terminate non performing n lazy employees. how to proof n substantiate nonperformance. tnx
To terminate late or absent employees, you will first have to show enough proof that the behavior is habitual.
The court has not defined the exact number of times for an action to be habitual so it is best to err on the side of caution. For instance, termination should not be considered if it has only been one or two times.
It is also best to ensure that you have followed the due process requirements I outlined in the post.
Hi…I was working for 11years in a semi private company,I failed to give a notice due to family matter problem…do I have the right to claim my separation pay even if it was 4years ago?i need help as i was confused …
Yes. You may still claim your separation pay even if 4 years have passed. However, it depends on whether you are or you are not entitled to separation pay. Under the Labor Code, separation pay is only given to employees terminated under just cases or dismissed due to diseases. Leaving work voluntarily without proper notice due to personal or family issues is generally treated as a resignation rather than a termination. In such cases, employees are typically entitled to unpaid salaries, prorated 13th month pay, unused leave credits (if convertible under company policy), and other earned benefits. However, some employees can still get separation pay even if they voluntarily resigned, given that it is within their company’s policy or CBA.
May the employee can still asked certificate of employment from HR even he/she did AWOL?
Yes, she can still ask for a certificate of employment.
Hi! Can the employee be marked awol, even if she informed ahead of her temporary leave through chat? and the employer gave her permission?
She may raise this with HR / the employer to clarify the matter.
Can an awol employee can they get a separation pay if they are terminated
Yes, you are still entitled to a certification of employment even if you are an AWOL employee and has resigned.
Hi! May I ask as well if the employee can be terminate even if he/she was notified by his/her supervisor that he or she is under LOA or Leave Of Absence?
Termination for absenteeism is only valid if the absences are unauthorized or habitual without justification. If the employee is under LOA, dismissal on the ground of absence would not be valid.
How can contractual employees legally resign?
Through voluntary resignation. It must be in writing submitted to your employer. Under the law, this requires 30-day prior notice to allow the employer to adjust operation, it can be adjusted to two weeks if both party agreed.
Good evening,
If the case is termination and there’s a right process followed by the company.the employee cannot received any amount of his benefits?
There is no separation pay under there just causes of termination where it was the employee at fault.
is an employee be deprived to resign if she is in awol status…need your immediate response pls.
No, an employee cannot be deprived of their right to resign because of her AWOL status.
Tanung lang po
Umabsent po kasi ako
Nagpaalam po ako sa supervisor pero di lng valid or nagustuhan ang reason kung bakit po ako umabsent.
Kaya pinapunta po ako ng
HR Office para po mag explain
Pero ayaw na po akong pabalikin sa trabaho nung HR na nakausap ko. Anu po kaya ang pwede kung gawin salamat po sa tutugon.
If you have communicated you absence and your reasons as not deemed as valid by your company, you cannot be automatically terminated or be refused to return to work. In this case, due process must still be observed a verbal notice may not be sufficient.
You may also inform the company that you are still willing to work and ask for written clarification regarding your absence and employment status.
If the company continues to refuse your return without proper due process, you may consult the National Labor Relations Commission for possible illegal dismissal.
Sir the management consider my husband awol even he gave his resignation..
First, it must be observed that the management received his resignation letter before the effective date of resignation or before he stopped reporting to work. This is because management could still treat his absences as AWOL or unauthorized absence during the notice period, to which the valid of his termination will depend.
Hi . I’m currently working as an office manager. I’ve read this post and I’ve learned a lot especially that I’m working in a start up company who were just currently establishing policies. However, I do have concerns. There’s a memorandum that has been established lately by our CEO and I’m not sure myself if its right or not. Its about lates; we have 15 minutes grace period in the company however on the memorandum he stated that if we are late of 16 minutes and above it will be equivalent to 1 hour of late. the employees started getting mad at me thinking it was me who made the memorandum but my point is, do we have any law that supports employees complain? or it is just right for a company to made this kind of policy?
Thank you in advance for your help.
The Philippine Law does not provide nor require grace periods or when an employee may be considered late. Hence, it is within the company’s prerogative and policies how they define tardiness. However, such policies must still be fair, reasonable, and not contrary to labor standards or any public policy. The employees may question the policy treating 16 minutes late is equivalent to one hour late, even before the DOLE or NLRC if they believe it is unlawful and unjust. On the other hand, the validity and legality of such policies depends on whether it can be justified as a reasonable exercise of management prerogative; and mostly importantly whether it complies with labor standard and principles of fairness.