Grounds and Procedure to Terminate an AWOL Employee in the Philippines
(A practitioner-focused guide, updated to June 24 2025)
1. Key Concepts
| Term | Core Idea | Practical Take-Away |
|---|---|---|
| AWOL (Absence Without Official Leave) | Any unauthorized absence after the employee has begun work. | AWOL alone is not yet “abandonment” and does not automatically justify dismissal. |
| Abandonment of Work | The employee’s (a) failure to report for work for an unjustified, prolonged period and (b) a clear intention to sever the employer-employee relationship. | Dismissal may be justified only when both elements are proven. |
2. Statutory & Regulatory Framework
Labor Code of the Philippines
- Art. 294 (b) (formerly 282) – “gross and habitual neglect of duties” grounds.
- Art. 297 – Effect of termination for just cause.
Department Order No. 147-15, Series of 2015
- Consolidates jurisprudence on due process.
- Fixes the “reasonable period” to respond at five (5) calendar days.
Constitutional Due Process
- Bill of Rights §1: protection against deprivation of property without due process.
Civil Code
- Art. 1700: employer-employee relations governed by special laws and principles of equity.
3. Substantive Justification: When Does AWOL Become Dismissible?
| Element | Employer’s Evidence |
|---|---|
| a. Unjustified failure to report | Obvious from time-keeping, memos, return-to-work orders. |
| b. Clear intention to sever (animus deserendi) | (i) Refusal to heed written directives, (ii) acceptance of work elsewhere, (iii) acts inconsistent with desire to return. |
Single or short AWOL spells seldom suffice. The Supreme Court has repeatedly ruled that absence “for a few days” minus proof of intent does not constitute abandonment (e.g., PFU v. NLRC, G.R. 180295, 2021).
4. Twin-Notice & Hearing Requirement
| Stage | Timing & Content | Best Practice |
|---|---|---|
| 1st Notice – Notice to Explain (NTE) | Serve immediately after 1-2 days of absence appear unexplained. Give at least 5 calendar days to reply (D.O. 147-15). | Send to last known address by registered mail and, if possible, personal service or courier with proof of receipt. |
| 2nd Notice – Notice of Hearing (optional but prudent) | If reply is unclear or employee requests hearing, set a conference not earlier than two (2) days from receipt. | Document minutes and attendance; offer unions assistance. |
| 3rd Notice – Notice of Decision/Dismissal | Issued after evaluation; state facts, rule violated, basis for loss of trust or neglect, date of effectivity, final pay release schedule. | Attach payroll clearance form and advise on certificate of employment (COE) availability. |
Shortcut? If the employee flatly ignores the NTE and hearing, you may skip the conference and proceed to the decision—but never the first notice.
5. Service of Notices: Acceptable Modes
- Personal delivery with signed acknowledgment
- Registered mail (preserve registry receipt & return card)
- Private courier with tracking + affidavit of service
- Electronic mail only if you can prove regular access and consent (e.g., signed e-policy).
6. Termination Checklist
- Compile DTR/time sheets showing date last present.
- Draft, date, and dispatch NTE; wait 5 days (+ mailing time).
- If no satisfactory reply, issue hearing notice or make formal assessment memo.
- Prepare Investigation Report summarizing findings.
- Draft Decision Notice; get it signed by authorized officer.
- Serve Decision; record service details.
- Compute final pay (salary due, 13th-month pro-rated, earned leave, etc.) within 30 days or company CBA period.
- Issue COE within 3 days upon request (Labor Advisory 06-20).
- File BIR Form 2316 and update the DOLE Establishment Report if part of retrenchment.
7. Common Jurisprudence
| Case | Doctrine |
|---|---|
| Jaka Food Processing v. Pacot, G.R. 151378 (2005) | Even a valid ground with procedural lapses entitles employee to nominal ₱30,000 damages. |
| St. Luke’s Medical Center v. Notario, G.R. 195357 (2014) | Periodic AWOL but continued acceptance of salary shows no intent to abandon. |
| Maple Derivatives v. CA, G.R. 137214 (2000) | Employee’s act of working for competitor during absence supports finding of abandonment. |
| Nagkakaisang Lakas ng Manggagawa sa Keihin v. Keihin (2022) | Email notices valid if employees signed ICT policy acknowledging email as official medium. |
8. Penalties for Non-Compliance
| Violation | Liability |
|---|---|
| Dismissal without substantive cause | Reinstatement or separation pay (½ month pay per year) + backwages. |
| Dismissal with cause but no due process | Nominal damages (₱30k for abandonment; Courts may adjust). |
| No final pay within 30 days | DOLE fines (Dept. Advisory 23-21) and possible employee money claim. |
9. Related HR Policies to Draft
- Return-To-Work order template
- Escalating discipline matrix (verbal → written → suspension → dismissal)
- Clear definitions of “absence” vs “tardiness”
- E-notice consent clause (email, Viber, portal)
10. Frequently Asked Questions
Can we suspend first before dismissal? Yes, a preventive suspension ≤ 30 days is allowed only if continued presence poses a serious risk (rare for AWOL).
Employee surrendered company ID after NTE—abandonment proven? Acts indicating severance help prove intent but still issue notices.
Is HR clearance equivalent to DOLE clearance? There is no DOLE clearance system for termination by just cause; what matters is due process.
11. Practical Timeline Example
| Day | Action |
|---|---|
| 0 | Employee fails to report. |
| 1 | HR calls/texts; no response. |
| 2 | NTE sent via registered mail + email. |
| 7 | Reply period lapses; no reply. |
| 8 | HR drafts investigation report; decides hearing unnecessary. |
| 9 | Decision Notice signed & dispatched (effective Day 10). |
| 10 | Payroll computes final pay; schedule release Day 24. |
12. Take-Away Principles
- Always issue a written NTE—never rely on verbal notices.
- Observe the 5-day reply window; courts treat shorter periods as a due-process violation.
- Document every step—the employer bears the burden of proving both abandonment and due process.
- Release final pay and COE promptly to avoid ancillary claims.
Disclaimer
This article provides general information and is not a substitute for formal legal advice. For complex cases—e.g., employees with security of tenure (union officers, pregnant women), mass AWOL, or cross-border scenarios—consult a Philippine labor-law specialist.