AWOL (Absence Without Official Leave) Procedures for Resigning Employees Under Philippine Labor Law
Disclaimer: This article provides general information only and does not constitute legal advice. For specific questions or concerns about AWOL (Absence Without Official Leave) or employment matters under Philippine labor law, it is best to consult a qualified attorney or the appropriate government agencies.

I. Introduction

In the Philippines, employment relationships are governed by the Labor Code of the Philippines and related regulations from the Department of Labor and Employment (DOLE). Employees who intend to end their employment are ordinarily required to submit written notice of resignation and follow the proper clearance process. However, some employees abruptly stop reporting to work without official notice, a situation commonly referred to as going “AWOL” (Absence Without Official Leave).

This article discusses the legal implications, procedures, and best practices concerning AWOL and the proper resignation process under Philippine labor law. By understanding these provisions, both employers and employees can reduce risks of disputes and penalties.

II. Defining AWOL (Absence Without Official Leave)

“AWOL” generally refers to an employee’s failure to report for work without prior notice or valid leave. In many instances, an employee who decides to quit immediately might simply stop reporting to the workplace—sometimes without finishing tasks, without filing proper resignation documents, or without informing the employer of their departure.

From an employer’s standpoint, AWOL often raises questions of employee abandonment or unauthorized absence, which could serve as a ground for disciplinary action, including dismissal, if properly substantiated.

III. Resignation vs. Abandonment of Work

Under Philippine labor law, an employee’s right to resign is subject to reasonable procedural requirements:

Thirty (30) Days’ Notice
- Article 300 (formerly Article 285) of the Labor Code states that an employee may terminate his or her employment by serving a written notice to the employer at least one (1) month in advance.
- The purpose is to give the employer sufficient time to hire or train a replacement or otherwise ensure the continuity of business operations.
Abandonment of Work
- Abandonment is the deliberate, unjustified refusal of an employee to resume their employment duties.
- To constitute abandonment, two elements must be present:
  1. The failure to report for work or absence without valid or justified reason.
  2. A clear intention to sever the employer-employee relationship.

Going AWOL can potentially be treated as abandonment if it is accompanied by the intention not to return or any communication that shows the employee’s unwillingness to work. However, proving abandonment in labor cases requires clear evidence of the employee’s intent to forsake the job entirely.

IV. Consequences of AWOL for the Employee

Loss of Employment
- If an employee who intends to resign simply disappears (i.e., goes AWOL), the employer may classify such unauthorized absence as a violation of company policy or as an act of misconduct.
- The employer has the prerogative to terminate the employee for just cause (if proven in accordance with due process) or label the separation as abandonment.
Impact on Final Pay and Clearance
- Employees who go AWOL may find it difficult to secure the standard employment clearances from the employer.
- Without a clearance, processing of back pay, last paychecks, or certificates of employment may be delayed.
- Employers are still obliged to release any salary already earned and other final pay entitlements, but incomplete paperwork or unresolved accountabilities could delay release.
Possible Negative Record
- Going AWOL may result in a poor employment record or negative reference, potentially affecting future job opportunities.

V. Employer’s Responsibilities and Procedures for Handling AWOL

Company Policies
- Most companies have a handbook or manual that outlines the steps to be taken if an employee is absent without leave.
- Employers should consistently apply these policies to all employees to avoid claims of discrimination or unfair labor practices.
Due Process
- Even if an employee is absent without official leave, the employer must still observe procedural due process before issuing a disciplinary sanction or terminating employment.
- In the Philippines, due process in employment termination typically requires:
  - Notice of Charge (written notice informing the employee of the specific acts or omissions for which termination is sought)
  - Opportunity to Explain (an employee is given a chance to respond in writing or present evidence in a hearing)
  - Notice of Decision (a final notice informing the employee of the employer’s decision)
Documentation
- Employers should document attempts to contact the AWOL employee (calls, letters, or messages).
- Proper documentation will be important in case of a labor dispute or a complaint filed by the employee.
Coordination with Payroll/Clearance
- Employers must ensure compliance with DOLE’s rules on final pay release, even if the employee goes AWOL. Under DOLE Department Order No. 221, series of 2022 (Implementing Rules and Regulations of the Labor Code amendments) and various DOLE advisories, the recommended release of final pay is usually within a reasonable period (e.g., 30 days or as stipulated by company policy) from the last day of employment, provided there are no unresolved accountabilities or documentation issues.

VI. Proper Resignation Procedures

Submit a Written Notice
- Provide at least 30 days’ notice to the employer. If there is a company policy requiring a longer notice period (e.g., contractual agreements with a bond, specialized positions), employees should adhere to that.
- State the intended last day of work, reason for leaving (if required), and any pertinent details related to the handover of duties.
Assist with the Turnover Process
- During the notice period, the resigning employee should coordinate with supervisors or the HR department regarding the turnover of responsibilities, especially for ongoing projects.
- Proper handover reduces operational disruption.
Settlement of Accountabilities
- The resigning employee should settle financial or property accountabilities (e.g., company equipment, loans, or cash advances) to speed up final pay release and obtain a clearance.
Request for Certificate of Employment (COE)
- Under Department of Labor and Employment guidelines, an employee who has been separated from service—whether through resignation, termination, or completion of contract—may request a Certificate of Employment. The employer is obligated to issue this, typically within three days from the request.
Final Pay and Other Benefits
- Once cleared of accountabilities, the employee is entitled to receive any remaining salaries, accrued leave conversions, pro-rated 13th month pay, and other benefits due.

VII. Avoiding AWOL-Related Disputes

Communication
- Employees considering resignation should communicate their intent early and in writing. This preserves goodwill and prevents misunderstandings.
- Employers should encourage open communication channels, so employees feel comfortable discussing work issues, changes, or challenges.
Clear Company Policies
- Employers should maintain an updated employee handbook that clearly defines AWOL, outlines disciplinary steps, and describes the resignation procedure.
- This ensures that both parties know what to expect and what is required to transition out of employment properly.
Prompt Action
- If an employer notices extended unexcused absences, they should reach out quickly to the employee.
- If the employee has truly resigned informally, both parties can work on a formal notice and turnover arrangement rather than resort to disciplinary measures.
Legal Assistance and Mediation
- In cases of serious disputes, a mediator or DOLE representative can help clarify obligations and ensure compliance with the Labor Code.
- Seeking legal assistance early can help avoid costly litigation or labor complaints.

VIII. Conclusion

AWOL (Absence Without Official Leave) situations can be complicated under Philippine labor law, particularly when they involve employees who intended to resign but failed to follow proper procedures. Employees are strongly encouraged to provide a 30-day written notice and undergo the standard resignation process to protect their employment record, ensure timely release of final pay, and maintain a positive professional reputation.

On the employer’s side, the fundamental principles of due process, proper documentation, and consistent application of company policy are key. By fostering open communication, having clear employee guidelines, and adhering to legal mandates, both employees and employers can reduce labor disputes and effectively manage workplace separations. If in doubt, consultation with a legal professional or DOLE representative is advisable to properly address issues related to AWOL and the resignation process.