AWOL (Absent Without Official Leave) in Philippine Labor Law
Updated as of 25 May 2025
1. What counts as “AWOL”?
- Unauthorized absence. An employee who stops reporting for work without an approved leave or a valid explanation is considered on AWOL under company rules.
- Not yet abandonment. Abandonment (a just cause for dismissal) is a specific legal concept that requires (a) failure to report for work and (b) a clear, deliberate intent to sever the employment relationship. Mere AWOL is not enough; intent must be proven by overt acts. (Lawphil, Lawphil)
2. Governing legal sources
| Source | Key points for AWOL/salary issues |
|---|---|
| Labor Code (PD 442) – Arts. 102, 113, 116 | Timely payment of wages; only limited, authorized deductions; withholding of wages is unlawful. (Lawphil, Lawphil) |
| DOLE Dept. Order 147-15 (2015) | Twin-notice and hearing requirements for all dismissals, including abandonment. (Lawphil) |
| Labor Advisory 06-20 (Final Pay/COE) | Employers must release final pay within 30 calendar days from separation, whichever cause, and issue a Certificate of Employment (COE) within three (3) days from request. (Lexology, The Firm VA) |
| PD 851 (13th-Month Pay) | Pro-rated 13ᵗʰ-month pay is due for work actually rendered. (Labor Law) |
| Recent DOLE Advisory on calamities (2024) | Absences due to officially declared calamities must not be sanctioned; they are not AWOL. (Inquirer.net) |
| Key Supreme Court decisions | Clarify the elements of abandonment and the employer’s burden of proof (e.g., Perez v. PT&T, Cosare v. Broadcom, and 2023–2024 cases). (Lawphil, Lawphil) |
3. Consequences of AWOL
| Level | Action by employer | Due-process requirements |
|---|---|---|
| Disciplinary sanction (suspension, warning, wage deduction for unworked days) | Issue a notice to explain (NTE). | Reasonable period to answer; written decision. |
| Dismissal for abandonment | File termination on just cause. | Twin notices + hearing under DO 147-15; send NTE to last known address if employee unreachable. (Lawphil) |
Failure to observe procedural due process does not invalidate a dismissal for AWOL/abandonment but entitles the employee to nominal damages (currently ₱30 000 per Jaka doctrine).
4. Salary and monetary rights of an AWOL employee
- Wages already earned. All salary up to the last actual day worked must be paid on or before the next regular payday; withholding is illegal unless an Article 113 deduction applies. (Lawphil, [Lawphil][13])
- Pro-rated 13ᵗʰ-month pay. Computed as total basic salary earned in the calendar year ÷ 12. AWOL does not forfeit this statutory benefit. (Labor Law)
- Service-incentive leave (SIL) pay. Convert unused SIL to cash if the employee has at least one (1) year of service.
- Other convertible benefits. Unused vacation leave, commissions already earned, or company-promised allowances must be included if established by policy, CBA, or regular practice.
- Final pay timetable. Regardless of clearance status, the total “last pay” (items 1–4 plus any applicable differentials, bonuses earned, and tax refund) must be released within 30 days under LA 06-20, but legitimate offsets (e.g., unreturned laptop) may be deducted with documentation. (The Firm VA, [Labor Law][14])
- Separation pay? None when dismissal is for a just cause such as abandonment, unless a CBA, redundancy/authorized-cause package, or company retirement plan says otherwise.
- Certificate of Employment. Employer must issue within three (3) working days from request; it cannot be refused because the separation was AWOL. (Lexology)
5. Deductions an employer may lawfully apply to final pay
- Authorized by law or DOLE (tax, SSS, Pag-IBIG, PhilHealth, HDMF loans, garnishments).
- Written authorization of the employee (e.g., salary loan, cooperative).
- Cash or property accountability evidenced by proof of loss and written undertaking or clear company policy.
- Offset of unserved 30-day resignation notice – only if (a) there is a valid resignation not mere AWOL and (b) a company rule/CBA allows charging the cost of the unserved period, and the deduction does not reduce net take-home pay below the lawful minimum.
Anything outside these grounds exposes the employer to an illegal deduction claim plus 30% attorney’s fees and possible criminal liability under Art. 303 (formerly 288) of the Labor Code. ([Lawphil][13])
6. How an AWOL employee can claim unpaid wages or contest dismissal
Demand letter to payroll/HR citing LA 06-20.
Single-entry approach (SEnA) request at the DOLE Regional Office (mandatory 30-day conciliation).
Money-claims / illegal-dismissal complaint at the National Labor Relations Commission (NLRC).
- Prescriptive periods: 3 years for money claims; 4 years for illegal dismissal.
Execution of judgment via sheriff if the employer still refuses to pay.
7. Employer compliance checklist
- Keep attendance and leave records up-to-date.
- Send NTE by registered mail/email after the 2ᵈ or 3ʳᵈ consecutive unauthorized absence.
- Conduct administrative hearing even if employee is absent; document minutes.
- Issue a termination notice stating dismissal for abandonment if warranted.
- Compute final pay immediately; set off only documented liabilities.
- Release pay within 30 days; issue COE and BIR Form 2316.
- Keep proof of payment or of attempts to pay (e.g., bank transfer, check held for pick-up).
8. Practical tips for employees
- Submit a written explanation with evidence (medical certificate, calamity advisory) within a reasonable period to rebut any claim of abandonment.
- If truly resigning, follow the 30-day notice rule to avoid deductions.
- Request COE and final pay in writing, then follow up through DOLE if the 30-day window lapses.
Conclusion
Going “AWOL” does not strip an employee of wages and statutory benefits already earned. Philippine law protects workers from wage forfeiture and requires employers to release final pay within a fixed 30-day period, even where the separation is due to abandonment. At the same time, employers retain the right to discipline or dismiss—but only after observing strict procedural due process. Understanding both sides’ rights and obligations under the Labor Code, DO 147-15, and Labor Advisory 06-20 helps prevent costly disputes and promotes fair, orderly separation.
(This article is for general information only and is not a substitute for individualized legal advice. Consult a Philippine labor-law practitioner for specific cases.)
[13]: https://lawphil.net/judjuris/juri2020/jul2020/pdf/gr_244629_2020.pdf?utm_source=chatgpt.com "[PDF] ~upreme <!Court data-preserve-html-node="true" - LawPhil" [14]: https://laborlaw.ph/final-pay/?utm_source=chatgpt.com "Final pay - Labor Law PH"