Sample Notice to Explain for Successive AWOL
For going Absence Without Leave (AWOL), the employee may be subjected to disciplinary action. (See pp. 170-171, Guide to Valid Dismissal of Employees 2nd Edition, citing Metro Transit Organization, Inc. vs. NLRC, G.R. No. 119724, May 31, 1999.)
AWOL is a form of neglect of duty. However, first instance of committing this violation does not warrant dismissal from service following the lines of cases decided by the Supreme Court. On the first offense, the elements of gross and habituality are not yet present.
Neglect of duty, to be a ground for dismissal under Article 297 of the Labor Code, must be both gross and habitual (Nissan Motor Phils., Inc. vs. Angelo, G.R. No. 164181, September 14, 2011). Gross negligence implies want of care in the performance of one’s duties. Habitual neglect imparts repeated failure to perform one’s duties for a period of time, depending on the circumstances (Valiao vs. Court of Appeals, 479 Phil. 459 [2004]).
In this post, we will present a scenario where the employee went on AWOL for three (3) times and on this third time, he has been absent for two (2) days and we are sending him a Notice to Explain (NTE).
As can be observed, the employee has repeatedly violated the policy on punctuality. Thus, his offense is getting serious and the penalty may be graver on the third time.
Sample NTE for AWOL being 3rd Offense
To: Aya O. Pasoc
From: HR
Date: _________________________
Subject: Notice to Explain
This is with regard to your absences recorded by our attendance system wherein it was found that you have failed to report to work for the past two (2) days as of this writing.
When we checked the HR records, no prior leave form was submitted to support your absence. Likewise, your immediate superior has not received any information from you that you would be absent on those days.
As a matter of policy, any absence shall be supported by prior submission of leave form application. In the event of emergency case, the employee has to notify the employer not later than 12:00 o’ clock noon of the first day of absence regarding the failure to report to work and stating the reason.
It appears as well that you were previously cited for AWOL and had been duly penalized.
In this regard, please explain in writing within five (5) calendar days from receipt of this notice why no disciplinary should be taken against you for AWOL and/or habitual violation of our policy on the matter.
Likewise, you are hereby being directed to report for work immediately upon receipt of this notice. For your strict compliance.
Very truly yours,
GAL I. TSALIVAN
HR Manager
HR Forms 1 Soft Copy (150+ Editable Templates in Word Document)
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