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Tag - AWOL

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 [...]

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27 Sep

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 as [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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