Notice Requirement for Employee Job Abandonment (Philippines): A Complete Legal & Practical Guide

For HR, people managers, and counsel managing prolonged absences/AWOL and potential “abandonment” cases.

1) What “Job Abandonment” Means in PH Law

Abandonment is a just cause for dismissal under the Labor Code’s just-cause framework (jurisprudence treats it as a form of willful neglect of duty).
Two indispensable elements:
1. Failure to report for work or prolonged absence without valid reason; and
2. Clear, overt intent to sever the employer–employee relationship (animus deserendi).
Mere absence is not abandonment. The decisive factor is intent not to return, shown by overt acts (e.g., refusal to heed return-to-work directives, taking permanent work elsewhere, explicit messages saying “I’m done,” etc.).
Filing a complaint (e.g., for illegal dismissal) negates abandonment, as it shows a desire to continue employment.

Burden of proof: The employer must prove both prolonged, unjustified absence and intent not to return. Doubts are generally resolved in favor of labor.

2) Due Process: The “Twin-Notice + Hearing” Rule (Just Cause)

When you believe facts point to abandonment, you still must observe procedural due process before any termination:

First notice: Notice to Explain (NTE)
- State the particular acts/omissions (dates of absence, attempts to contact, ignored directives).
- Cite the rule/policy violated (attendance/AWOL policy) and the possible penalty (dismissal for just cause).
- Give the employee ample opportunity to be heard (commonly at least 5 calendar days to submit a written explanation).
Opportunity to be heard
- Conduct a hearing/conference (especially if facts are disputed, or the employee asks for one).
- The employee may be assisted by a representative.
Second notice: Notice of Decision (NOD)
- After evaluating the explanation/evidence, issue a reasoned, written decision stating the findings, legal basis, and penalty (e.g., termination for abandonment), or the lesser penalty if warranted.

Key compliance point: Terminating without these notices—even if the absence was long—risks illegal dismissal for procedural defects, separate from the question of whether abandonment actually occurred.

3) Service of the Notices: Where and How

Serve to the employee’s last known address on record via registered mail (keep registry receipts and tracking), personal service with proof of receipt, and/or email/company messaging if this is an established official channel.
If mail is returned unserved, retain the envelope with postal annotations and document further attempts (e.g., SMS/email/phone logs).
Return-to-Work (RTW) directives should also be sent to the same addresses/channels and given a specific deadline to report.

Why this matters: Proper service demonstrates good-faith compliance and proves the employee was given a chance to explain or return.

4) Reasonable Internal Timeline (Playbook)

While the Labor Code doesn’t fix a magic number of “AWOL days,” the process must be prompt, fair, and documented. A practical, defensible cadence:

Day 1–2 of no show:
- Call/SMS/email; ask for reason and ETA.
- Log all contact attempts.
Around Day 3–5 (still no contact/invalid reason):
- Issue Return-to-Work Directive with a clear reporting deadline (e.g., within 48–72 hours) and warn of possible disciplinary action.
If employee ignores RTW:
- Issue NTE for abandonment/AWOL, give ≥5 calendar days to explain, and calendar a hearing.
- Continue documenting any new information (e.g., employee took another job).
After the NTE window/hearing:
- Evaluate evidence; if the two elements of abandonment are established, issue a Notice of Decision (termination for just cause).
- If not established (e.g., employee provides medical proof or other valid cause), lift the charge or impose a proportionate lesser penalty per your Code of Conduct.

Numbers above are guidance, not law. What’s mandatory is twin notice + opportunity to be heard and good-faith timing.

5) What Counts as “Valid Reason” vs. “Overt Intent”

Common valid reasons (usually negate abandonment if substantiated):

Medical emergency or illness (submit medical certificates, fit-to-work later).
Calamity/force majeure; caregiving emergencies; official leaves that were properly requested/approved; detainment with subsequent proof.
Miscommunication about schedules or approved leave—often warrants lesser sanctions, not dismissal.

Indicators of overt intent not to return:

Employee repeatedly ignores RTW directives and NTEs.
Employee accepts a new permanent job and stops communicating.
Express communications declaring the employment relationship over (without formal resignation).
Surrender of company assets accompanied by messages implying the relationship is finished, plus refusal to return.

6) Preventive Suspension?

Not typical for abandonment because the employee is already absent.
If the employee suddenly reappears and the alleged offense involves serious, ongoing risk (e.g., sabotage, data theft), preventive suspension may be imposed up to 30 days (extendable with pay if investigation needs more time). Always issue a separate notice justifying it.

7) Documentation: Evidence You Should Keep

Timekeeping and access logs (biometrics, swipe entries, CCTV extracts).
RTW directive(s), NTE, and NOD with proof of service (registry receipts, courier proofs, email headers).
Call/SMS/email screenshots showing follow-ups and non-response.
Company policies/Code of Conduct acknowledged by the employee.
Any admissions (e.g., “I’m working elsewhere,” “I’m done”).
Hearing minutes and submissions.

Rule of thumb: If it isn’t written (or otherwise recorded), assume you cannot prove it later.

8) Special Situations

Employee reappears mid-process:
- Receive the employee; obtain a written explanation and documents (e.g., medical proof).
- Proceed with the hearing; if explanation is credible, consider dropping the abandonment charge or imposing a lesser penalty (e.g., suspension for AWOL).
- Do not block entry without due process; that can convert the case into constructive dismissal.
Employee resigns instead of explaining:
- Resignation generally requires 30 days’ notice (unless there is a just cause for immediate resignation). If the employee quits immediately without turnover, you still close the abandonment case properly (or convert to resignation if accepted).
- Remember: abandonment ≠ valid resignation; the company should not treat abandonment as a substitute for a clean resignation.
Employee files a case:
- Filing a complaint is evidence against abandonment. Continue to respect due process and consolidate your evidence.

9) Effects of Termination for Abandonment

Final pay: Settle earned wages, leave conversions (if policy/CBA grants), and other amounts due up to separation date. (Follow the prevailing DOLE guidance for release timelines.)
13th month: Pay pro rata for the calendar year up to separation.
Tax & government remittances: Withhold and remit as usual; issue the BIR 2316 on schedule.
Certificate of Employment (COE): Issue upon request, stating dates of employment and position(s); avoid unnecessary adverse remarks.

No separation pay is legally required for just-cause dismissal (including abandonment), unless a CBA, company policy, compromise agreement, or past practice grants it.

10) Common Pitfalls That Lose Cases

Skipping the twin-notice rule (e.g., jumping straight to termination).
Generic NTEs that lack specific dates, acts, and policies.
Failure to prove service (no registry receipts or proof of attempts).
Equating “X days absent” = abandonment without overt intent evidence.
Refusing to hear the employee who later brings medical proof.
Inconsistent penalties across similarly situated employees (discrimination/wage distortion risks).
Letting policies be unclear (no attendance/AWOL definitions; no RTW protocol).

11) Model Notices (You Can Tailor)

A) Return-to-Work (RTW) Directive

Subject: Directive to Report for Work Dear [Employee], Our records show you have been absent without notice since [dates]. Please report for work at [time, date, location] or submit your written explanation and supporting documents within [48/72] hours of receipt. Failure to comply may lead to disciplinary action for AWOL/abandonment.

B) Notice to Explain (NTE) – Abandonment/AWOL

Subject: Notice to Explain – Absence Without Leave/Abandonment Dear [Employee], You have been absent without authorization since [dates] despite our RTW directive(s) dated [dates]. These acts may constitute abandonment and violation of [policy/citation], punishable by [penalty up to dismissal]. You are given [at least 5 calendar days] from receipt of this notice to submit a written explanation and attend a hearing on [date/time] at [venue/virtual link]. You may bring a representative.

C) Notice of Decision (NOD)

Subject: Notice of Decision – Abandonment Dear [Employee], After reviewing your [explanation/no explanation], RTW directives, time records, and other evidence, we find that you [failed to report for work without valid reason and showed intent not to return]. This constitutes abandonment and just cause for termination under our policies and the Labor Code. Accordingly, your employment is terminated effective [date]. You will receive your final pay/clearance instructions under separate cover. You may elevate this decision through the appropriate legal channels.

12) HR Compliance Checklist

Attendance/AWOL policy is clear, acknowledged by employees.
Prompt contact attempts and RTW directive issued.
NTE states specific facts, policy basis, possible penalty; ≥5 days to explain.
Hearing conducted/waived with records kept.
Notices served to last known address with proof (mail/receipts/screenshots).
NOD is reasoned and properly served.
Payroll/records updated; final pay, COE, and government reports queued.
Case file complete for potential DOLE/NLRC review.

13) Bottom Line

Abandonment requires both prolonged, unjustified absence and overt intent not to return.
Employers must observe twin-notice + hearing due process and proper service of notices to the last known address.
Document everything: RTW directives, NTE/NOD, proofs of service, logs, and hearing minutes.
When in doubt, investigate and calibrate the penalty; termination without proper notice is a fast path to illegal dismissal even if the absence was long.

This guide is general information for compliance planning in the Philippine context and is not legal advice. For high-stakes cases or where facts are disputed, consult labor counsel for a fact-specific review.