In the Philippine labor landscape, the term AWOL (Absence Without Official Leave) is frequently used but often misunderstood. While it is not a term explicitly defined by the Labor Code of the Philippines, it is a recognized ground for disciplinary action under the umbrella of "Gross and Habitual Neglect of Duties" (Article 297 [282]).
This article explores the legal nuances of AWOL, the high threshold for dismissal, and the ironclad protections afforded to employees who are on a validly approved leave of absence.
1. The Legal Definition of AWOL
Under Philippine jurisprudence, AWOL occurs when an employee fails to report for work without prior authorization or notice to the employer. Legally, AWOL is treated as a form of neglect of duty. To justify dismissal, the law requires that the neglect be both:
- Gross: Characterized by the want of even slight care or an absolute disregard of consequences.
- Habitual: Repeated failure to report, rather than a single, isolated incident.
AWOL vs. Abandonment
It is a common error to equate AWOL directly with abandonment. While AWOL is the act of being absent, Abandonment is the legal ground for termination. To prove abandonment, the employer must establish two elements:
- The failure to report for work or a lack of intention to return.
- A clear, deliberate intent to sever the employer-employee relationship (the animus revertendi).
Note: The Supreme Court has repeatedly ruled that filing a complaint for illegal dismissal is generally inconsistent with an intent to abandon work.
2. Rights of Employees with Approved Leave
An employee on an approved leave—whether it be Vacation Leave, Sick Leave, Maternity/Paternity Leave, or Leave under R.A. 9262 (VAWC)—is legally protected. An approved leave is a contractual agreement that the employee is temporarily excused from their duties.
The "Approved" Status as a Shield
If a leave is documented and approved by the employer or their authorized representative:
- Immunity from AWOL: The employee cannot be declared AWOL for the duration of the approved period.
- Right to Return: Upon the expiration of the leave, the employee has the right to return to their former position or a substantially equivalent one.
- Protection Against Retaliation: Employers cannot use the exercise of leave rights as a basis for demotion, salary reduction, or termination.
The "Constructive Dismissal" Risk
If an employer forces an employee to work during an approved leave, or penalizes them for taking it, the employer may be liable for constructive dismissal. This occurs when the working environment becomes so hostile or the employer's actions so unreasonable that the employee is forced to quit.
3. Procedural Due Process: The Two-Notice Rule
Even if an employee is legitimately AWOL, an employer cannot terminate them instantly. Philippine law mandates Procedural Due Process, which consists of:
- Notice to Explain (NTE): A written notice specifying the dates of absence and requiring the employee to explain why they should not be disciplined or terminated.
- Administrative Hearing/Conference: An opportunity for the employee to present evidence or explain their side (e.g., medical emergencies or force majeure).
- Notice of Decision: A written notice informing the employee of the penalty imposed (suspension, warning, or dismissal) after considering their explanation.
4. Critical Case Nuances
| Situation | Legal Implication |
|---|---|
| Emergency Leave | If an employee cannot secure prior approval due to an emergency, they must notify the employer at the earliest possible opportunity. Failure to do so may result in AWOL, but if the reason is valid, it rarely constitutes "gross" neglect. |
| Expired Leave | If an employee fails to return exactly when their approved leave ends, they may be considered AWOL from the date of the expected return. |
| Denied Leave | If an employee takes a leave despite an explicit and valid denial by the employer, they are considered AWOL and may be subject to disciplinary action. |
5. Summary of Protections
Employees in the Philippines are protected by the Security of Tenure clause of the Constitution. For an AWOL charge to stick, the employer bears the "burden of proof." They must show that the absence was not only unauthorized but also manifested a clear intent to defy company rules or abandon the job.
Conversely, an employee with a signed leave form or an approved digital leave trail holds a definitive defense against any allegation of AWOL. Documentation remains the primary tool for both parties to ensure compliance with the Labor Code.