absence without official leave Archives

03 Oct

Sample Suspension Notice for AWOL in Filipino

Suspension as penalty for administrative offenses may only be meted upon employee at the termination of the investigation or the final disposition of the case. (PAL vs. NLRC, G.R. No. 114307, July 8, 1998) In the previous post, sample NTE for AWOL punishable with suspension, and the Sample Notice for Hearing/Conference for said offense, were provided as reference. Get more sample disciplinary notices from HR Forms, Notices & Contracts Volume 2 Following the same procedural due process, below is the final notice [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, AWOL 16 Comments Read more...

03 Oct

Sample Notice of Administrative Hearing/Conference for AWOL in Filipino

Sample notice of administrative Hearing/Conference is provided in this post for AWOL. The language used is Filipino for those workers who are not conversant with the English language. Holding an administrative hearing/conference is not mandatory though except if requested in writing and provided in the company policy (Perez vs. PT&T, April 7, 2009). However, according this opportunity is not illegal and it would always be better to make mistake on the side of caution. Providing ample opportunity is not wrong. In the [...]

By Atty Elvin Labor Law, Sample Forms, Uncategorized absence without official leave, AWOL 9 Comments Read more...

26 Sep

AWOL Warning Notice As Penalty in Filipino

AWOL or Absence Without Official Leave is a form of neglect of duty. However, not all instances constituting neglect of duty warrants dismissal as a penalty. Neglect of duty, to be a ground for dismissal under Article 297 [formerly Article 282] of the Labor Code, must be both gross and habitual. (Nissan Motor Phils., Inc. vs. Angelo, G.R. No. 164181, September 14, 2011, 657 SCRA 520, 530; Cavite Apparel, Inc. vs. Marquez, G.R. No. 172044 February 06, 2013) Gross negligence implies [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, AWOL 15 Comments Read more...

25 Sep

Sample Notice To Explain For Absence Without Leave (AWOL) In Filipino

Sample notice to explain for absence without leave is provided in this post involving an absence of just one (1) day. This notice includes a return to work order at the last paragraph. As a matter of policy, absence of one (1) day without prior authorization such as lack of leave form filed should subject the individual to disciplinary action. The same result should happen with regard to those who are absent due to emergency case (medical or calamity) but [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, absences, AWOL 11 Comments Read more...

22 May

AWOL, Constructive Dismissal, and Abandonment

AWOL is one of the common incidents involving an employee for various reasons: He committed an offense and feels so guilty he does not want to show up He got offended by his superior and decided to consult a lawyer He went to the NLRC to file a constructive dismissal case As to numbers 2 and 3, what should the employer do? The best policy of the employer should be to send a Notice to Explain (NTE) with Return to Work directive the moment [...]

By Atty Elvin Uncategorized absence without official leave, AWOL, gross and habitual neglect of duty 18 Comments Read more...

01 Feb

AWOL Sample Notice of Dismissal

AWOL or Absence Without Official Leave is a ground for dismissal if it constitutes gross and habitual neglect of duty. Below is a Sample Notice of dismissal being the final step required to comply with the procedural due process of employee termination. In the previous post, a sample NTE for AWOL was shown. The post below is the continuation of that notice. It is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin B. Villanueva. Form [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, AWOL 17 Comments Read more...

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