In the landscape of Philippine labor law, the balance between management prerogative and employee security of tenure is often tested. One of the most contentious areas involves "Constructive Dismissal," particularly when an employer uses threats of an AWOL (Absence Without Official Leave) charge to pressure an employee into resigning.

1. Defining Constructive Dismissal

Under Philippine jurisprudence, constructive dismissal is often referred to as a "dismissal in disguise." it occurs when an employer creates a work environment so hostile, unbearable, or impossible that the employee is forced to quit.

Legally, it exists when:

There is a cessation of work because continued employment is rendered impossible, unreasonable, or unlikely.
There is a demotion in rank or a diminution in pay.
The employer acts with clear discrimination, insensibility, or disdain, making the employment relationship untenable.

The Supreme Court defines the test as: "Whether a reasonable person in the employee's position would have felt compelled to give up his employment under the circumstances."

2. The "AWOL Threat" Tactic

A common scenario involves an employer threatening to tag an employee as AWOL or terminate them for "Gross and Habitual Neglect of Duty" unless they submit a voluntary resignation.

Why AWOL?

AWOL is a serious disciplinary infraction. If an employee is validly terminated for AWOL, they lose their right to separation pay and may face difficulties in future background checks. Employers sometimes use this threat to:

Avoid the "due process" requirements of a formal termination.
Avoid paying separation pay.
Secure a "voluntary" resignation letter, which serves as a waiver of the employee’s right to sue for illegal dismissal.

3. Voluntary Resignation vs. Forced Resignation

The core of a Constructive Dismissal case at the National Labor Relations Commission (NLRC) is proving that the resignation was not voluntary.

Voluntary Resignation: The employee leaves due to personal reasons or better opportunities, without any coercion from the employer.
Forced Resignation (Constructive Dismissal): The employee resigns "under duress." If an employer says, "Resign now or we will file an AWOL case against you and ruin your record," this is generally considered a form of coercion.

Note: For a resignation to be valid, the intent to relinquish the post must be coupled with an act of relinquishment that is free from any force, intimidation, or undue influence.

4. Filing a Case with the NLRC

If an employee believes they were constructively dismissed via AWOL threats, the legal recourse is to file a complaint for Illegal Dismissal with the NLRC.

The Process:

SENA (Single Entry Approach): Before a formal case is filed, parties undergo mandatory mediation. The goal is to reach an amicable settlement (usually involving a financial payout).
Formal Filing: If SENA fails, the employee files a formal position paper.
Burden of Proof: * In standard dismissal, the employer must prove the dismissal was for a just cause.

In constructive dismissal, the employee must first prove that they were forced to resign. Once the employee proves the "hostile environment" or the "threat," the burden shifts back to the employer to prove the resignation was truly voluntary.

5. Remedies Available to the Employee

If the Labor Arbiter (LA) finds that constructive dismissal occurred, the employee is entitled to:

Reinstatement to their former position without loss of seniority rights.
Full Backwages (inclusive of allowances and other benefits) computed from the time compensation was withheld up to the time of actual reinstatement.
Separation Pay: If reinstatement is no longer viable due to "strained relations" (which is common in these cases), the court may award separation pay (usually one month's salary for every year of service) in lieu of reinstatement.
Moral and Exemplary Damages: If the dismissal was attended by bad faith or fraud.
Attorney’s Fees: Usually 10% of the total monetary award.

6. Key Jurisprudential Principles

The Philippine Supreme Court has consistently held that:

Resignation letters drafted by the employer and merely signed by the employee are viewed with extreme suspicion.
The threat of a legitimate administrative investigation is not necessarily "coercion," but the threat of "automatic termination" or "blacklisting" without due process typically constitutes constructive dismissal.
Abandoned Work (AWOL) vs. Constructive Dismissal: To prove abandonment, the employer must show: (1) the employee failed to report for work without a valid reason, and (2) a clear intent to sever the employer-employee relationship. If the employee files a case for illegal dismissal immediately, it is usually inconsistent with the "intent to abandon" required for AWOL.

7. Evidence Required for NLRC Filings

Employees facing these threats should document:

Communication Logs: Screenshots of emails, Viber/WhatsApp messages, or recordings (subject to Anti-Wiretapping Laws) where the threat of AWOL or forced resignation was made.
Testimonies: Statements from colleagues who witnessed the harassment or pressure.
The Resignation Letter: If the letter contains language like "forced to resign" or "under protest," it significantly strengthens the case.