AWOL Employment Termination in the Philippines
A comprehensive guide to the substantive and procedural rules, major jurisprudence, and best-practice pointers for both employers and employees.
1. Key Concepts and Basic Definitions
| Term | Meaning | Governing Source |
|---|---|---|
| AWOL (Absence Without Official Leave) | Failure to report for work without prior approval or a valid excuse. It may be an isolated incident or prolonged. | Company policies; Labor Code principles on “serious misconduct” and “willful disobedience.” |
| Abandonment of Work | A species of AWOL where the employee’s absence is coupled with a deliberate intent to sever the employment relationship (animus deserendi). | Labor Code Art. 297 [formerly 282] (a) Serious Misconduct & (e) Other Analogous Causes; Supreme Court doctrine. |
| Just Cause vs. Authorized Cause | AWOL/abandonment falls under just causes (Art. 297), distinct from retrenchment, redundancy, etc. (authorized causes under Art. 298). | Labor Code; DOLE Dept. Order (D.O.) 147-15. |
| Two-Notice Rule | Constitutional guarantee of due process in dismissal: 1) Notice to Explain (NTE); 2) Notice of Decision (NOD). | Lopez v. Alturas Group, G.R. No. 247215, 23 Feb 2022; D.O. 147-15. |
2. Statutory Framework
Labor Code of the Philippines
- Art. 297 [282] – enumerates just causes for termination (serious misconduct, willful disobedience, gross neglect, fraud, and analogues).
- AWOL is not expressly named, but repeated or prolonged AWOL often falls under “gross neglect of duties” or “other causes analogous to the foregoing.”
Constitutional Due-Process Clause – requires notice and opportunity to be heard before loss of employment.
D.O. 147-15 (Series of 2015) – DOLE’s revamped implementing rules on termination spell out:
- “An employee who fails to report for work without valid reason, and whose actions exhibit a clear intention to sever the employment relation, may be dismissed for abandonment, provided the employer proves both the failure to report and the intent to sever.”
- Codifies the five-calendar-day minimum to answer an NTE.
Labor Advisory 06-20 (2020) – requires employers to release final pay and certificate of employment within 30 days from termination for any cause, including AWOL.
3. Distinguishing AWOL from Abandonment
| Element | Simple AWOL | Abandonment (Dismissible) |
|---|---|---|
| Duration | May be single or short absences | Usually prolonged or repeated |
| Intent | Absence may be inadvertent or negligent | Must show animus deserendi |
| Proof Required | Time records, memos | 1) Prolonged absence; and 2) Evidence employee no longer intended to return (e.g., taking rival job, ignoring return-to-work orders) |
| Penalty | Progressive discipline possible | Valid dismissal if both elements proven & due process observed |
Rule of thumb: No intent to sever = no abandonment. Mere negligence or isolated AWOL may merit suspension, not dismissal.
4. Procedural Due Process (Twin-Notice + Hearing)
First Notice – NTE
- Facts, rule violated, and directive to submit a written explanation within ≥ 5 calendar days.
- Send to last known address if employee cannot be personally served.
Opportunity to Be Heard
- Employer may conduct a formal hearing or allow a written explanation.
- Hearing becomes mandatory when requested in writing or when factual issues are contested (King of Kings Transport v. Mamac, G.R. No. 166208, 29 June 2007).
Second Notice – NOD
- States all the facts, law, company rules invoked, and the decision to dismiss.
- Served personally and by registered mail.
Non-Compliance Consequences
- Dismissal without due process = valid cause but illegal procedure → employer must pay nominal damages (₱30,000 is the usual benchmark—Jaka Food Processing v. Pacot, G.R. No. 151378, 10 Mar 2005).
5. Jurisprudential Highlights
| Case | Gist | Principle Clarified |
|---|---|---|
| Mindanao Terminal Services v. Confesor, G.R. No. 183686 (3 June 2013) | Employee absent for 23 days; employer failed to prove intent to sever. | Mere prolonged absence ≠ abandonment. |
| Supreme Steel v. Castillo, G.R. No. 170487 (28 Mar 2007) | Employee ignored multiple return-to-work orders while working elsewhere. | Clear animus deserendi; dismissal upheld. |
| Samson v. NLRC & ATCI Overseas, G.R. No. 123799 (23 Jan 1998) | No hearing was conducted. | Due-process violation = nominal damages despite valid cause. |
| Citytrust v. NLRC & Cabrera, G.R. No. 150565 (28 Jan 2005) | AWOL due to incarceration. | Absence beyond employee’s control is a justified AWOL; dismissal overturned. |
| Lopez v. Alturas Group, G.R. No. 247215 (23 Feb 2022) | Employer sent NTEs but waited only 24 hours. | Less than 5 days to answer ≠ substantial compliance. |
(Docket numbers and dates supplied to aid researchers; full texts accessible via Supreme Court E-Library.)
6. Employer Best Practices
Clear Company Policy
- Define AWOL thresholds (e.g., three consecutive days) and progressive penalties.
- Align handbook provisions with D.O. 147-15.
Document Everything
- Daily time records, CCTV, personnel logs, and all attempted communications.
Observe the 5-Day Rule
- Giving less time risks damages even if the cause is solid.
Use Registered Mail & E-mail
- Ensures proof of service when employee is unreachable.
Avoid “Immediate Dismissal” Memos
- Summary dismissal is valid only for serious misconduct posing imminent harm; AWOL seldom meets that standard.
7. Employee Defenses & Remedies
| Possible Defense | Supporting Evidence |
|---|---|
| Medical Emergency | Medical certificates, hospital records. |
| Police Detention/Subpoena | Police blotter, court orders. |
| Company Consent/Implied Leave | Emails permitting absence, approved leave forms. |
| Constructive Dismissal | Proof of demotion, diminished pay, or hostile acts forcing absence. |
If illegally dismissed, an employee may file a complaint with the NLRC or via the Single-Entry Approach (SEnA) within 4 years. Remedies include reinstatement, back-wages, moral and exemplary damages, and attorney’s fees.
8. Effect on Final Pay & Benefits
Even when dismissal is for a just cause, the employee remains entitled to:
- Pro-rated 13th-month pay
- Conversion of unused SIL/Vacation leave (if convertible under policy or CBA)
- Retirement benefits (if qualified under plan or law)
- Certificate of Employment — must be issued within 3 days of request (Art. 304 [283]).
9. Special COVID-19/Remote-Work Considerations
- DOLE Labor Advisory 17-20 treats failure to report due to quarantine or transport lockdown as not abandonment.
- For hybrid or WFH set-ups, AWOL can occur by going offline or failing to log hours; but employers must still follow the two-notice rule and prove intent to sever.
10. Practical Checklist for Valid AWOL-Based Dismissal
- Verify Absence Duration
- Issue Return-to-Work Order (Optional but Helpful)
- Prepare and Serve NTE (state deadline ≥ 5 days)
- Conduct Hearing / Evaluate Written Explanation
- Decide & Draft NOD (state findings, law, penalty)
- Serve NOD + Compute Final Pay
- Release Final Pay within 30 Days & Issue COE
Conclusion
AWOL alone does not automatically justify dismissal. Philippine labor law balances managerial prerogative with job-security guarantees: the employer must establish both the factual basis (absence and, for abandonment, intent to sever) and observe constitutional due process. Missteps—even technical ones—can convert a valid cause into an illegal dismissal liability. Conversely, employees invoking medical or other justifiable reasons must substantiate them promptly to preserve their tenure.
Always consult the full text of the Labor Code, DOLE issuances, and latest Supreme Court decisions, or seek professional counsel, for case-specific application.