abandonment of work Archives - LVS Rich Publishing

14 Apr

Legal Consequences of Refusal to Accept the Resignation

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice or is otherwise compelled to dissociate oneself from employment. [Dela Fuente vs. Gimenez, G.R. No. 214419, November 17, 2021] It is a formal pronouncement or relinquishment of an [...]

By Atty Elvin Uncategorized abandonment of work, atty. elvin, AWOL, involuntary servitude, labor, labor case, Labor Code, labor law, Resignation 0 Comments Read more...

15 Jun

Abandonment of Work vs. Illegal Dismissal Case: How to Establish Abandonment and Defend Against a Labor Case

Abandonment is a form of neglect of duty; hence, a just cause for termination of employment under Article 282 [now Art. 297 in a re-numbered Labor Code] of the Labor Code. (See page 156, Guide to Valid Dismissal of Employees 2nd Edition by Atty. Villanueva citing Forever Security & General Services vs. Flores, G.R. No. 147961, September 7, 2007.) For instance, an employee suddenly disappears from the company. Meaning, he did not report on a day that he was supposed [...]

By Atty Elvin Labor Law abandonment of work 14 Comments Read more...

06 Mar

Notice of Dismissal for Abandonment of Work – Sample Template in Filipino/Tagalog

Notice of Dismissal is the final step in the procedural due process involved in employee dismissal. The sample template below is part of the series of posts wherein the NTE was issued and a Notice of Hearing/Conference as well. Thus: To: MASON Q. PADERMO Concrete Mason From: HR Date: _______________________ Subject: NOTICE OF DISMISSAL: PAG-ABANDONA NG TRABAHO (ABANDONMENT OF WORK) Ito ay may kinalaman sa iyong pagliban sa trabaho ng ilang araw ang inabot. Hanggang ngayon ay hindi ka pa rin pumapasok. Lumalabas sa talaan [...]

By Atty Elvin Labor Law, Sample Forms abandonment of work 15 Comments Read more...

04 Oct

Notice of Administrative Hearing/Conference for Abandonment of Work in Filipino or Tagalog

In the previous post, a sample Notice to Explain for Abandonment of work was made. It involves a fictional incident where the employee failed to report for work but did not file prior leave or even call the office. The notice mentions about the multiple violations committed by the same employee in the past. The sample notice below is a continuation of this procedural due process. After serving the first notice, the employer should afford the employee ample opportunity to be [...]

By Atty Elvin Labor Law, Sample Forms abandonment of work, AWOL 11 Comments Read more...

03 Oct

Abandonment of Work – Sample Notice to Explain (NTE) for Abandonment of Work in Filipino or Tagalog

Abandonment of work is a form of gross neglect of duty. A Sample Notice to Explain (NTE) is provided in this post to guide HR practitioners on how to approach the discipline aspect in possible abandonment cases involving employees who are not conversant of the English language. The Philippines is composed of thousands of islands wherein various languages are being used (locally called dialect). While most Filipinos know how to speak English, the country being formerly under the US rule, there [...]

By Atty Elvin Labor Law, Sample Forms abandonment of work 13 Comments Read more...

05 Apr

Abandonment of Work is a Matter of Intention and Cannot be Presumed from Indefinite Acts

In order for the employer to discharge its burden to prove that the employee committed abandomnent, which constitutes neglect of duty, and is a just cause for dismissal, the employer must prove that the employee failed to report for work or had been absent without valid reason; and had a clear intention to discontinue his or her employment The second requirement must be manifested by overt acts and is more determinative in concluding that the employee is guilty of abandonment. This is because [...]