Job Application Rights for AWOL Employees (Philippine Context)

Executive summary

Going AWOL (absence without official leave) is an administrative issue—not a crime. Even if your current employer classifies you as AWOL or even abandoned, you still have the freedom to seek and accept new employment. What changes are the risks and frictions you might face: internal disciplinary proceedings, negative HR records, reference checks, possible contract or property-accountability issues, and (in rarer cases) enforceable non-compete or damages under a valid fixed-term agreement. This article explains the full legal backdrop and your practical options.

1) Key legal foundations

Constitutional and civil freedom to contract and work. No Philippine law generally prohibits an employee—AWOL or not—from applying for or accepting another job. Restraints on employment are disfavored and must be justified by law or a valid contract (e.g., a reasonable non-compete).
Labor Code due process for termination. Whether you’re tagged AWOL or for abandonment, an employer must observe the twin-notice rule and give you an opportunity to be heard before dismissal (codified in DOLE rules such as D.O. 147-15). Failure to follow procedure can make a dismissal illegal, with remedies like backwages and separation pay in lieu of reinstatement.
Abandonment vs. AWOL. AWOL is simply absence without permission. Abandonment (a just cause for dismissal recognized by jurisprudence) requires (1) failure to report for work without valid reason and (2) a clear intention to sever the employment (animus deserendi). AWOL alone does not automatically prove abandonment.
Data privacy and background checks. Under the Data Privacy Act (RA 10173), prior and prospective employers must handle personal data lawfully, minimally, and transparently. Broad “blacklists” or public postings of “AWOL employees” risk privacy and defamation issues.
Certificates and final pay. DOLE guidance requires employers to issue a Certificate of Employment (COE) upon request and to release final pay within a set, reasonable period after separation (commonly referenced as 30 days), regardless of the manner of separation. Employers can reflect outstanding accountabilities in final pay computations but should still issue the COE.

2) Can an AWOL employee apply elsewhere?

Yes. There is no legal bar to applying for or accepting a new job even while:

you are on AWOL status, or
an internal investigation is ongoing, or
you have not completed clearance.

What might practically get in the way?

Background/reference checks. Prospective employers often verify employment dates and roles. Under the DPA, they should obtain your consent and limit questions to legitimate job-related concerns. Prior employers should stick to factual data (tenure, position, pay range if authorized). Injecting labels like “AWOL” beyond what’s necessary can invite legal risk if inaccurate or malicious.
COE and HR documents. A COE should not be withheld, and need not state the cause of separation unless you request it. Some employers mistakenly refuse COEs pending clearance; that runs counter to DOLE guidance.
Unreturned property/loans. Employers may offset documented accountabilities against final pay (subject to wage-deduction rules and your written authorization where required) and may pursue civil or criminal action for non-return of property if facts support it (e.g., theft/estafa). This is separate from your right to apply elsewhere.

3) If your current employer alleges abandonment

Expect the twin notices (notice to explain and notice of decision). If you genuinely intend to keep your job—or at least to close it properly—reply and explain your side (medical emergency, force majeure, payroll dispute, hostile work environment, etc.), and show willingness to return or to turn over work/property.
If the employer dismisses you without due process, you may file an illegal dismissal case with the NLRC. Even while that case runs, you may work elsewhere; Philippine labor law does not require you to be jobless pending litigation.

4) Resignation, notice periods, and AWOL

Standard rule: An employee may resign by giving 30 days’ written notice so the employer can ensure a proper handover.
Immediate resignation for just cause: You may resign without 30 days’ notice if the Labor Code’s just causes apply (serious insult, inhumane treatment, imminent danger, etc.). Put it in writing and cite the facts.
AWOL during notice. If you stop reporting during the 30-day notice without a valid reason, you risk an AWOL tag and administrative sanctions. Still, this does not criminalize you nor bar you from seeking other work.

5) Non-compete clauses and moonlighting

Non-competes in the Philippines are valid only if reasonable in time, geography, and scope, and aimed at protecting legitimate business interests (trade secrets, client lists). Overbroad restraints can be void.
While still employed, moving to a direct competitor or soliciting clients/staff can breach fiduciary duties or confidentiality clauses, even if you’re on AWOL. After separation, continue to respect confidentiality and IP obligations.
Moonlighting is generally allowed unless your contract or policy reasonably restricts it (e.g., conflict of interest, performance impact, health and safety limits).

6) COE, HR records, and “blacklisting”

COE content. Typically limited to position(s), inclusive dates, and sometimes gross pay and reason for separation (the last usually only upon the employee’s request). Employers risk liability if they insert pejorative remarks or disclose more than necessary.
Blacklisting. There is no lawful industry-wide “blacklist” system for private-sector rank-and-file comparable to government watchlists. Circulating names with labels like “AWOL” beyond legitimate reference checks can implicate privacy and defamation concerns. Government clearances (e.g., NBI, police) are not affected by an AWOL status.

7) Final pay, benefits, and government contributions

Final pay generally includes earned wages, prorated 13th-month pay, unused Service Incentive Leave conversions (if applicable), and other contractually owed amounts, less lawful deductions or offsets for documented accountabilities.
Government contributions (SSS, PhilHealth, Pag-IBIG) are unaffected by AWOL; your new employer will continue deductions and remittances under your same membership numbers.

8) What prospective employers should (and shouldn’t) do

Do:

Obtain informed consent for background checks.
Verify factual items: positions, dates, eligibility for rehire (if asked), and neutral information.
Evaluate job-related risks (e.g., integrity in handling assets) through proper testing and probation.

Don’t:

Collect more data than needed or probe into medical/political/religious matters unrelated to the job.
Rely on hearsay labels like “AWOL” without context.
Require clearance from the former employer as a legal prerequisite (it isn’t), though you may lawfully request a COE or contact references.

9) Common scenarios & answers

“I’m AWOL. Can my old employer legally stop my new job?” Generally no—unless you’re breaching a reasonable non-compete/confidentiality duty or you unlawfully retain company property.
“My old HR refuses to issue a COE until I clear.” The COE is a right upon request; it shouldn’t be withheld pending clearance. You can gently cite DOLE guidance and, if needed, file a complaint with the nearest DOLE Field Office.
“Will AWOL show up on NBI/Police clearance?” No. AWOL is not a criminal case.
“I left mid–fixed term. Can they sue me?” Possibly for damages if a valid fixed-term contract was breached. This is a civil issue and does not bar you from applying elsewhere.
“The background check asks for reasons for leaving. What should I say?” Be truthful but concise: e.g., “Unresolved scheduling/health/family reasons; separation not under litigation,” or “Personal reasons; employment ended [date].” Avoid misrepresentation—it can be a valid ground for termination by your new employer.

10) Practical playbook for AWOL employees who want to apply

Document your side. Keep emails, chats, medical docs, and any correspondence showing your reasons for absence or attempts to inform HR/manager.
Send a tidy separation letter (if you’re leaving). Provide a written resignation (with just cause if applicable). Offer turnover and return of property.
Request your COE in writing. Ask HR for a COE and, if you want, exclude reason for separation. Follow up professionally.
Settle accountabilities. Return assets, settle loans, and sign forms where reasonable. This reduces noise in reference checks.
Prepare honest explanations. In interviews, keep it short, factual, and forward-looking.
Review restrictive covenants. Check any non-compete, non-solicit, or IP/confidentiality clauses; seek counsel if moving to a competitor.
File a case if illegally dismissed. If due process wasn’t observed or allegations are baseless, consider an NLRC complaint. This does not preclude accepting a new job.

11) Employer-side guardrails (to avoid liability)

Follow due process (twin notices, opportunity to explain) before terminating for abandonment/neglect.
Keep COE neutral and issue it promptly upon request.
Limit reference responses to verifiable facts; avoid unnecessary “AWOL” labels.
Observe Data Privacy principles—minimize data, secure consent, keep disclosures proportionate.
Use setoff/deductions only in line with wage rules and written authorizations.
Escalate to civil/criminal remedies only when facts and evidence justify it (e.g., non-return/theft of property), and avoid threats as leverage.

12) Bottom line

AWOL does not bar you from applying for or accepting a new job.
Your main exposure lies in internal discipline, references, and any contractual/accountability issues—not in criminal law.
Handle separation in writing, request your COE, return assets, and be truthful with future employers.
If you’re dismissed without proper process or accused of abandonment without proof of intent to quit, you may pursue legal remedies—all while continuing your career elsewhere.

Not legal advice. For fact-specific guidance (e.g., non-competes, fixed-term contracts, or ongoing cases), consult a Philippine labor lawyer or DOLE Field Office.