Tag - AWOL

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

AWOL Where Penalty Imposable is Suspension; Sample Notice in Filipino

AWOL or Absence Without Official Leave is one of the challenging issues that HR normally face. Challenging in a sense that it requires a balancing act to arrive at the appropriate decision. In a unique Filipino tradition, employees tend to be absent from work to attend baptism of a relative, wedding of 4th cousin, and to some instance see off at the airport a relative going abroad. When HR does not “understand” the reason behind the absence it is seen [...]

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