Tardiness “Send-Home” Policies under Philippine Labor Law

(A practitioner-oriented overview – Philippine jurisdiction, June 2025)

1. Why focus on “send-home” rules?

Most employers already deduct the exact minutes or hours an employee is late (“no work, no pay”). A send-home policy goes a step further: if the employee arrives after a preset cut-off (for example, 30 minutes after shift start), management refuses entry or sends the worker home, treating the rest of the day as leave-without-pay (LWOP) or even as a disciplinary suspension.

Because that decision directly affects wages and may be construed as a disciplinary penalty, Philippine law requires that such a policy be:

Lawful – consistent with the Labor Code, DOLE regulations, and constitutional guarantees;
Reasonable – necessary for the business and proportionate to the infraction;
Made known – in writing, posted or distributed, with proof that employees were informed; and
Fairly enforced – even-handedly applied and compliant with due-process requirements.

2. Core statutory anchors

Provision	Key take-away for tardiness/send-home
Lab. Code, Art. 82-83 (normal hours of work)	Wages attach only for work actually rendered.
Art. 116 (withholding wages)	Unlawful only if the employee already earned the wage; unearned hours may be withheld without written authorization.
Art. 297 [282] (just causes for dismissal)	Gross and habitual neglect — the doctrinal basis for dismissing chronic latecomers after progressive discipline.
Art. 118 (retaliation) & Art. 272 (unfair labor practice)	Policies cannot target unionists or discriminate between similarly-situated workers.
Art. 299 [283] & 300 [284]	Send-home for legitimate health/safety concerns (e.g., COVID-19 screening) is treated as a bona-fide suspension of work.
Rule VIII, Book III, IRR	No-work-no-pay principle affirmed; partial absences may be deducted pro rata.

3. Management prerogative vs. employee rights

Philippine jurisprudence treats punctuality rules as part of management prerogative—the employer’s inherent right to regulate work hours, provided it does not contravene law, contract, or morals (see Pepsi-Cola Products Phils. v. Molon, G.R. No. 175002, April 7 2014).

However, once the penalty transcends wage deduction and becomes disciplinary (e.g., send-home for the entire day), the two-notice rule applies:

Notice to explain (NTE) – specifying the acts (date, minutes late, policy breached).
Notice of decision – stating findings and the precise sanction.

If the send-home is automatic and purely economic (no entry, no work, no wage), most employers treat the lost hours as LWOP instead of suspension. Even then, best practice is to record the occurrence and have the employee acknowledge it to avoid disputes later.

4. Wage deductions and “partial-day docking”

No written authorization needed for deducting unworked minutes/hours; the pay was never earned.
Deductions must be proportional (e.g., 1/8 of daily rate for a 1-hour tardiness in an 8-hour schedule).
Fixed allowances (COLA, rice subsidy) may be deducted only if policy or CBA so provides; otherwise they are normally regarded as monthly benefits not tied to hours worked.
Send-home for the entire remaining shift allows the employer to withhold the whole day’s basic wage and wage-dependent allowances.

5. Habitual tardiness as a just cause for dismissal

The Supreme Court has upheld termination where:

Case	gist	ratio decidendi
Coca-Cola Bottlers Phils. v. Del Villar, G.R. No. 196561, July 15 2013	Over 100 instances of tardiness & AWOL in 18 months	Gross & habitual neglect; employer proved progressive discipline.
Jaka Food Processing v. Pacot, G.R. No. 151378, March 10 2004	Repeated 30-minute late arrivals after written warnings	Habitual tardiness “reflects on work attitude”; dismissal affirmed.
Digital Telecommunications Phils. v. Soriano, G.R. No. 183328, Jan 20 2009	Schedule critical to network operations	Tardiness jeopardized business; send-home plus dismissal eventually sustained.

Key take-aways:

“Habitual” means repeated, frequent, and stubborn, not merely accidental.
The Court distinguishes between negligence (tardiness) and willful disobedience (refusing to follow the policy). Both can justify dismissal, but require progressive penalties and documented counseling.

6. Crafting a lawful send-home policy

Element	Recommended Drafting Language	Practical Tip
Cut-off/Grace period	“Employees arriving 15 minutes or more after their scheduled shift shall not be allowed to clock in unless cleared by their line manager for exceptional reasons.”	Specify different cut-offs for critical vs. non-critical operations.
Effect on pay	“The entire unworked portion of the shift shall be treated as leave-without-pay.”	Align with payroll system to avoid miscomputations.
Due-process caveat	“Persistent violations shall subject the employee to disciplinary action in accordance with the Labor Code two-notice rule.”	Mitigates argument that send-home is a disguised suspension.
Excusable grounds	Enumerate: force majeure, medical emergency, government-declared transport stoppage, etc.	Require proof (medical cert., barangay traffic advisory).
Progressive discipline	1st offense-verbal; 2nd-written; 3rd-1-day suspension; … up to dismissal.	Cite exact look-back period (e.g., rolling 12 months).
COVID-19/Health	“Employees exhibiting symptoms or failing screening may be sent home on quarantine leave in accordance with DOLE Labor Advisory No. 01-21.”	Avoid treating illness-related send-home as tardiness.

Do not embed hidden penalties (e.g., loss of 13th-month) without statutory basis.

7. Interaction with Flexible Work Arrangements (FWA) & Remote Work

DOLE Department Order 237-23 on telecommuting affirms that employers may track log-in/log-out times electronically. Late log-ins can trigger the same attendance matrix used on-site, provided the policy is disclosed.
Under the Telecommuting Act (R.A. 11165) employers must ensure parity in disciplinary rules between remote and on-site staff.
Where core-hour schemes are in place (e.g., 10:00 a.m.–4:00 p.m. core), a send-home rule typically converts to a “log-off directive” instead of physical ejection.

8. Procedural checklist for HR / Compliance officers

Draft or update the policy; secure legal review.
Consult / Inform the union or workers’ association (Art. 258 [211-A], LC).
Disseminate: e-mail blast, bulletin board, policy handbook; obtain signed acknowledgment.
Train front-line supervisors on uniform enforcement.
Document every tardy instance (biometric print-out, incident report).
Apply progressive discipline with NTEs and hearings where warranted.
Audit payroll deductions every pay period; rectify errors promptly.
Review statistics semi-annually to evaluate policy effectiveness and fairness.

9. Common pitfalls (and how to avoid them)

Pitfall	Resulting liability	How to fix
Automatically suspending a late employee without NTE/hearing	Illegal suspension; backwages & damages	Treat send-home as wage deduction only unless due-process steps are followed.
Discriminatory grace periods (e.g., staff vs. managers)	Unfair labor practice / Art. 118 discrimination	Apply uniform cut-offs or justify distinctions.
Shifting cut-off windows without prior notice	Constructive dismissal argument	Give at least 15 days’ notice (Art. 300 closure doctrine analogue).
Deducting fixed allowances tied to total monthly payout	Illegal deduction	Deduct only allowances expressly linked to hours worked.

10. Bottom line

Philippine law allows a send-home policy for tardiness—but only as an outgrowth of the no-work-no-pay principle and never as a shortcut around due process. By anchoring the rule on:

clear business necessity,
advance publication,
proportional discipline, and
faithful observance of statutory notice and hearing,

employers can protect productivity and avoid costly labor claims, while employees gain certainty about the exact consequences of being late.

Disclaimer: This article is for educational purposes and does not constitute legal advice. For specific cases, consult counsel or the Department of Labor and Employment.