This article explains what Philippine employers can and should do—lawfully and practically—when a newly hired worker fails to appear on their first day. It covers when due process under the Labor Code is triggered, how abandonment differs from pre-employment withdrawal, the correct notices to issue, documentation to keep, and related payroll, benefits, and data-privacy considerations. It is written for private-sector employers.

1) Start with the threshold question: Is there already an employer-employee relationship?

Everything that follows depends on whether employment has legally commenced.

A. Employment has not yet commenced (purely pre-employment)

Employment generally begins when the worker starts rendering service or is placed under the employer’s control and paid wages. If the person never shows up, and there were still conditions precedent to starting (e.g., submitting statutory IDs, passing medical, background checks, signing the final contract), the safer view is that the relationship never began. In this case:

The Labor Code’s security of tenure and twin-notice due-process requirements for termination do not strictly apply because there is nothing to “dismiss.”
The employer may withdraw or rescind the job offer for failure to report on start date or failure to fulfill conditions.
Still, issue a formal written rescission/withdrawal letter for the record and send it to the candidate’s last known email/address.

B. Employment has commenced (probationary or regular from Day 1)

If the person has already signed and returned a final employment contract with a fixed start date, was onboarded in systems, or there’s clear evidence that Day 1 marked the start of control and pay (common for employees slated to begin training/orientation), many employers treat the relationship as effective as of the start date even if the employee never physically appeared. In this case:

The failure to report on Day 1 is analyzed under just cause (e.g., neglect of duty, willful disobedience) or under probationary failure to meet reasonable standards (attendance/punctuality).
The twin-notice rule and opportunity to be heard must be observed before you record a dismissal in HRIS or report a separation.

Practical tip: If your contract states that employment commences only upon actual reporting, you minimize ambiguity and avoid litigation over whether a dismissal (and due process) was required.

2) If employment has not commenced: the pre-employment withdrawal path

Steps for employers

Document the no-show: Capture the start date, reporting time, assigned supervisor/venue, and missed calls/messages.
Reasonable follow-up (optional but prudent): Within the day, send a short email/SMS asking if the candidate is delayed and requesting a reply within, say, 24 hours.
Issue a rescission/withdrawal letter: If no reply or the reason is unacceptable, send a formal letter with date, stating:
- The offer and start date/time.
- That the candidate failed to report/complete pre-employment requirements.
- That the offer is withdrawn effective immediately.
- That no employment relationship was formed and no wages/benefits accrued.
Close out records:
- Payroll/Tax: No payroll run; no BIR withholding for the individual.
- SSS/PhilHealth/Pag-IBIG: If pre-registered in your portals but with no earnings, note as such; do not report contributions.
- Access/Security: Revoke IDs, system pre-provisioning, and building access.
- Data privacy: Retain only minimal recruitment records per your Data Privacy Act (DPA) policy and retention schedule.

What not to do

Do not issue a “dismissal” memo—there is no dismissal without employment.
Do not deduct any penalty unless a reasonable liquidated damages clause exists for specific onboarding costs (and even then, enforce cautiously and proportionally).

3) If employment has commenced: the due-process (twin-notice) path

When Day-1 absence occurs after employment has legally started, treat it as a potential just cause or probationary non-compliance case. Philippine jurisprudence requires substantive and procedural due process:

A. Substantive grounds typically invoked

Neglect of duty / willful disobedience: Failing to report on the first day without valid cause and despite clear instructions.
Fraud or willful breach of trust (rare; only if deception around availability/requirements is proven).
Probationary failure to meet standards: If attendance and punctuality were communicated at engagement (e.g., in the contract, handbook, or signed standards sheet), a Day-1 no-show may constitute immediate failure to meet standards.

Key requirement: For probationary employees, performance/behavioral standards must be made known at the time of engagement. If not, dismissals for failure to meet standards become vulnerable.

B. Procedural due process (the twin-notice rule)

First Notice (NTE):
- State the acts/omissions (failure to report on [date], reporting instructions given, attempts to contact).
- Identify the possible ground (neglect/willful disobedience or failure to meet probationary standards).
- Provide reasonable time to explain in writing (commonly 5 calendar days).
- Offer an administrative conference (physical or virtual) if requested or if facts are disputed.
Opportunity to be heard:
- Receive the explanation; hold the conference if warranted.
- If the employee remains unreachable, note constructive refusal (service deemed completed if sent to last known address/email per policy) and proceed based on records.
Second Notice (Decision):
- Explain the findings of fact, the ground(s), why defenses (or lack thereof) fail, and the penalty—dismissal effective a stated date.
- If you proceed under probationary failure, expressly cite the attendance standard and when/how it was communicated.

C. Why not charge “abandonment” on Day 1?

“Abandonment” requires (i) failure to report for work and (ii) a clear intention to sever the employment. That intent is typically inferred from prolonged, unexplained absence plus overt acts (e.g., taking another job). A single Day-1 absence—even egregious—often fits better under neglect/disobedience or probationary failure, not abandonment.

4) Evidence and documentation checklist

Signed offer letter/contract, with start date/time and pre-employment conditions.
Attendance standard or probationary performance standards acknowledged at engagement.
Onboarding instructions (venue, time, contact person) sent and acknowledged.
Call logs/emails/SMS attempts to reach the employee on Day 1.
Incident report by the hiring manager/HR.
Copies of the NTE, proof of service (email with read receipt, courier, or policy-allowed electronic service), and any explanation given.
Minutes of administrative conference (if any).
Decision memo with findings and grounds.
HRIS entries, access revocation, and benefits close-out screenshots.
Data-privacy retention log and lawful basis for keeping minimal records.

5) Timelines and reasonable windows

Same-day follow-up (email/SMS/call) shows good faith.
NTE can be sent Day 1 or Day 2. Provide ~5 days to explain, unless a shorter period is justified by urgency and allowed by policy.
Decision may issue after lapse of the explanation period and/or after any hearing.
Avoid rushing to “abandonment”—wait for the explanation window to close, or gather facts supporting intent to sever.

6) Payroll, benefits, and government reporting

Wages/allowances: None accrue for days not worked unless contractually guaranteed.
Final pay: If employment never commenced, there is no “final pay.” If it did and you dismiss with due process effective Day 1 (or shortly after), settle any amounts legally due (e.g., accrued but rare at this stage).
COE/Clearance: Not applicable if employment never began; if it did, you may issue a short COE reflecting dates and position.
SSS/PhilHealth/Pag-IBIG:
- No employment: do not report or pay contributions.
- Employment commenced: if you already reported the employee but no earnings, indicate zero earnings for the period; if separated in the same month, update status accordingly.
BIR withholding: Only if compensation was paid.

7) Contract drafting to avoid disputes

Commencement clause: “Employment commences only upon actual reporting for work and assumption of duties on [date].”
Conditions precedent: Clear list (IDs, medical, NBI, background check) and a statement that non-completion authorizes withdrawal of the offer.
Attendance standard: Attach or reference a standards sheet signed at engagement, highlighting punctuality and reporting obligations.
Service of notices: Allow electronic service (email to registered address) as valid.
No-show consequence: State that failure to report on start date without valid cause is ground for withdrawal (pre-employment) or discipline/dismissal (if employment commenced).
Reservation of management rights and policy incorporation (handbook).

8) When the candidate resurfaces with a reason

Treat the explanation under your NTE window (or your pre-employment escalation step):

Justifiable causes (e.g., sudden illness, accident, force majeure, bereavement) supported by documents can warrant reinstating the start date or moving to LWOP/re-schedule.
Poor reasons (overslept, changed mind) usually justify withdrawal (pre-employment) or dismissal/probationary non-compliance (employment commenced).

9) Special notes for specific worker classes

Probationary employees: You may terminate for just cause or for failure to meet standards communicated at engagement. Due process still applies (notice and chance to explain; a hearing if requested or necessary).
Project/fixed-term: If the project start requires reporting on Day 1 and the worker fails to appear, treat similarly; ensure your fixed-term validity is defensible.
Unionized settings: Check the CBA for any progressive discipline or reporting grace periods.
Contractors/agency-hired: If the worker is employed by a manpower agency, coordinate with the contractor-employer; the principal should not directly dismiss the worker but may refuse deployment and request replacement.

10) Data Privacy Act compliance

Collect/process only what is necessary to address the incident (contact attempts, notices, ID copies already submitted).
Limit access to HR/legal and the hiring manager.
Apply your retention schedule; purge excess data once the case closes.
Be cautious about contacting third-party references post-no-show; ensure you have a lawful basis and observe data-sharing safeguards.

11) Model templates (editable)

A. Pre-employment Offer Withdrawal (no employment commenced)

Subject: Withdrawal of Offer – [Name] Dear [Name]: You were scheduled to report for work on [Date, Time, Venue] for the position of [Position]. You did not report for work or complete the pre-employment requirements despite our follow-ups on [dates]. As a result, we are withdrawing our offer of employment effective today, [Date]. Because you did not commence employment, no employer–employee relationship was formed and no wages/benefits accrued. We wish you well in your future endeavors. Sincerely, [HR Head], for [Company]

B. First Notice (NTE) (employment commenced)

Subject: Notice to Explain – Failure to Report on Start Date Dear [Name]: You were required to report for work on [Date] at [Time/Venue] under the supervision of [Manager]. You failed to report and were unreachable despite our attempts on [dates/channels]. This may constitute [neglect of duty/willful disobedience] and/or failure to meet probationary standards on attendance communicated to you on [Date]. Please submit a written explanation within five (5) calendar days from receipt of this notice. You may also attend an administrative conference on [Date/Time/Link]. Sincerely, [HR Head]

C. Decision Notice (dismissal)

Subject: Notice of Termination – Failure to Report on Start Date Dear [Name]: After reviewing the records and your [explanation dated __ / failure to submit any explanation], we find that you failed to report on your start date without valid justification. This violates [attendance standard] and constitutes [neglect of duty/probationary failure]. Accordingly, your employment is terminated effective [Date]. Please process clearance for any company property. Sincerely, [HR Head]

12) Quick decision tree

Did employment commence?
- No → Issue offer withdrawal; close files; no termination due process.
- Yes → Proceed with twin-notice due process.
Is the reason acceptable and documented?
- Yes → Consider re-scheduling or corrective action.
- No → Terminate for just cause or probationary failure (after due process).

13) Common pitfalls

Treating a Day-1 no-show as “abandonment” without evidence of intent to sever.
Terminating a probationary employee for “failure to meet standards” not communicated at engagement.
Skipping the twin-notice process when you’ve effectively recognized the person as your employee as of the start date.
Issuing a “termination” memo when there was no employment to begin with.
Mishandling personal data gathered during follow-ups, contrary to the DPA.

14) Bottom line

If no employment yet: issue an offer withdrawal, tidy up records, and move on.
If employment has commenced: document, issue NTE, allow an explanation/hearing, then issue a well-reasoned decision—typically under neglect/disobedience or probationary failure.
Keep your contracts and standards crystal-clear on when employment begins and what Day-1 attendance requires. This clarity is the difference between a clean separation and a contentious labor case.