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Tag - AWOL

17 Apr

Employee who Files the day as Vacation Leave due to Tardiness

Tardiness is one of the company policies where the employer imposes disciplinary action for violation. Employees who avoid being tagged as tardy get creative by filing the day as a vacation leave. How will the employer appreciate this particular situation? Habitual tardiness is a form of neglect of duty. Lack of initiative, diligence, and discipline to come to work on time everyday exhibit the employee’s deportment towards work. Habitual and excessive tardiness is inimical to the general productivity and business of the [...]

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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 [...]

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23 May

Evidence Required in Abandonment Cases

Abandonment of work is a ground for dismissal under Article 297 of the Labor Code, as amended. However, is mere claim of abandonment already substantial evidence to support the dismissal? The issue of whether the employee has abandoned his work is factual. The law does not enumerate what specific overt acts can be considered as strong evidence of the intention to sever the employer-employee relationship. Failure of the employer to present attendance record even when this was readily available to it could [...]

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06 Nov

Notice to Explain for Absences Prior to Effective Date of Resignation

Notice to explain is provided in this post as a sample in a case where the employee submitted the resignation but did not observe the 30-day prior notice. Article 300 of the Labor Code provides that an employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. For instance on October [...]

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14 Jul

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 [...]

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25 Jun

Notice to Explain Sample For AWOL (in Filipino/Tagalog)

Notice to Explain or NTE with directive to report to work should be issued to an employee who fails to report for work on the first day of absence without proper notification. This is the best practice for employers who want to be vigilant and uphold the policy. Get more than 170 Disciplinary Templates from the book HR Forms, Notices and Contracts Volume 2 The advantages of immediately issuing the NTE for AWOL are: It affords the company a good defense in [...]

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11 Dec

What to Do when an Employee Fails to Report For Work for Several Days

Absences are among the major headaches of employers who expect their employees to be at their productive best. There are several reasons why employers wish their workers are present to work. Among the reasons are coordination with other workers, meeting deadlines, hitting targets and general alignment with the momentum or thrust of the organization. Nonetheless, there are employees who simply do not show up on a day they are expected to be present. Employers normally would like to wait out for [...]

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03 Dec

Absenteeism: How to Validly Impose Disciplinary Procedure

Absenteeism is one of the persistent headaches that every employer faces. This issue is tied up with the company’s leave policies. Whenever an employee is absent the first thing that employer should do is to check whether the employee filed a leave application prior or not. If the employee indeed filed, it means he is already entitled to either service incentive leave or the company’s more superior vacation leave benefits. If the leave form was approved this type of absence should [...]

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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 [...]

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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 [...]

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