Terminating AWOL Employees After the Notice Period (Philippines): Everything You Need to Know

Scope & tone: Philippine labor-law guide for HR and managers on handling employees who go AWOL (Absent Without Official Leave)—including those who stop reporting during a resignation notice period—while complying with substantive and procedural due process. General information only; not legal advice.

1) Big picture: AWOL vs. “abandonment” vs. simple absence

AWOL is a policy term for unauthorized absence. It can be a company-rule violation or evidence of the just cause of “gross and habitual neglect of duties.”
Abandonment (jurisprudential just cause) requires two elements:
1. Failure to report for work without valid reason; and
2. Clear intention to sever the employment relationship (animus deserendi), shown by overt acts (e.g., ignoring return-to-work notices, taking a new job, saying “I’m not coming back.”)
One or a few absences may be misconduct but do not automatically prove abandonment. The employer bears the burden to show both elements.

2) Can you terminate an employee who goes AWOL during a resignation’s 30-day notice?

Resignation notice rule: Employees must generally give 30 days’ notice (unless a shorter period is mutually agreed or resignation falls under “just causes” allowing immediate effect).
If the employee stops reporting during the notice period, you have two main paths:
1. Accept the resignation early. You may waive the balance of the 30 days and separate the employee effective the last day worked. This avoids an abandonment case and ends the relationship immediately.
2. Pursue just-cause termination (abandonment/neglect), if you can prove both elements and you follow due process (twin-notice + hearing/response).
Damages for unserved notice: You cannot compel service of the remaining notice days, but you may seek damages for proven loss under contract/policy. Automatic salary deductions for “notice pay” are risky unless (a) expressly allowed by law/CBA/company policy and (b) covered by the employee’s written authorization at the time of deduction. When in doubt, pursue a civil claim instead of netting from wages.

3) Substantive grounds commonly invoked

Gross and habitual neglect of duties (Labor Code just cause) supported by repeated AWOL or extended unauthorized absence; or
Abandonment (when intent to sever is shown); or
Willful disobedience / breach of company policy (if violating a clear attendance rule), but be careful to match facts to policy language.

Tip: If the employee later surfaces with a valid reason (medical emergency, force majeure, lawful detention), abandonment is undercut. Seek documents and consider lesser sanctions.

4) Procedural due process (non-negotiable)

The “twin-notice” rule + a real chance to be heard:

First Notice (Notice to Explain / NTE):
- Allege specific acts: dates of absence, policy violated, directives ignored.
- Give at least 5 calendar days to submit a written explanation and to indicate if they want a conference.
- Simultaneous “Notice to Return to Work” (NRTW) is best practice: direct them to report by a set date/place and to explain.
Opportunity to be heard:
- Hold a conference if requested or if facts are unclear. Allow representation, receive documents (medical proofs, travel/accident reports), and ask clarifying questions.
Second Notice (Notice of Decision):
- Issue in writing, stating facts, rule violated, legal basis, and the penalty (termination) with effective date.
- Explain why the explanation (if any) was not satisfactory.

Service of notices: Send to the last known residential address via registered mail/courier and to known email/messaging channels. Keep proof of dispatch/receipt. If the employee is unreachable, document multiple attempts (calls, texts, emails, delivery return slips). “Constructive service” practices matter.

5) Practical, step-by-step playbook (timeline)

Day 1–3 (after AWOL detected):
- Verify schedule/leave requests, check line manager/timekeeping, and rule out approved leave, work-from-home, or assignment.
- Issue NRTW + NTE (give 5 days to explain; set a return date within that window).
Day 6–10:
- If no response/no appearance, send a Final NTE/NRTW reiterating consequences and extending an additional short grace period (e.g., 3 days).
- If the employee resigned but stopped reporting, ask if the company accepts early separation instead.
Day 11–20:
- Conduct the administrative conference (if requested/necessary). Record minutes; allow submission of proof.
- Evaluate: Is there intent to sever? Are there valid excuses?
Decision:
- If abandonment/neglect is established and due process observed, issue the Second Notice (termination).
- If excuses are valid but conduct remains improper, consider lesser penalties (written warning/suspension).
- If resignation will be accepted early, issue a notice of acceptance with an effective date (the last day worked or a date you choose).

6) Evidence that convinces labor tribunals

Attendance/timekeeping logs (biometric, timesheets), work assignment records, and HRIS screenshots.
Copies of notices (NTE/NRTW/Decision) + proofs of service (registry receipts, courier tracking, read receipts).
Manager affidavits detailing attempts to reach the employee and instructions given.
Policy documents (Attendance/Absenteeism policy, Code of Conduct) acknowledged by the employee.
Any overt acts evidencing intent to sever (e.g., chat/email stating “I quit now,” joining a competitor immediately, surrender of company assets coupled with refusal to serve notice).

7) Special situations & judgment calls

Medical/compassionate grounds: If the employee produces credible proof (hospital records, police report), consider leave conversions or back-dated approvals and refrain from abandonment findings.
Preventive suspension: Generally not applicable to AWOL (there’s no workplace risk if absent).
Probationary employees: You still owe due process. You may also terminate for failure to meet standards (if communicated at hiring)—document the performance basis, not just AWOL.
Project/seasonal/fixed-term: If the project naturally ends, separation follows project completion—not abandonment. But mid-project AWOL can be just cause with proper process.
Unionized settings: Follow the CBA’s grievance/discipline steps in addition to statutory due process.
Concurrent resignation + AWOL: You may accept immediate effect (cleaner separation) or pursue just cause (riskier, requires proof of intent to sever). Choose one path and document it.

8) Final pay, clearance, and records

Final pay components typically include: last earned wages, pro-rated 13th-month pay, cash conversion of unused Service Incentive Leave (SIL), and any authorized deductions. Separation pay is not due for just-cause terminations.
Release COE (dates and position only) upon request.
Company property recovery: Laptop, ID, access cards. If unreturned, pursue civil/penal remedies or lawful deductions only with basis and written consent.
Record-keeping: Keep the case file (notices, proofs, minutes, evidence) for potential NLRC litigation.

9) Common pitfalls (how employers lose cases)

Skipping the first notice or not giving at least 5 days to explain.
Generic accusations (“AWOL”) without specific dates/incidents.
No proof of service of notices.
Treating absence alone as abandonment (without proof of intent to sever).
Inconsistent policy application or different treatment among similarly situated employees.
Illegal deductions (e.g., unserved-notice “penalty” from wages without authorization).

10) Model outlines (plug-and-play)

A) Notice to Return to Work + Notice to Explain (extract)

Dates of absence: [list]
Policies violated: [cite policy section]
Directive: Report to [place] by [date/time] and submit written explanation within 5 calendar days of receipt.
Warning: Failure to comply may result in termination for just cause.

B) Minutes of Administrative Conference (bullet template)

Date/time/venue; attendees; right to representation stated.
Allegations summarized; employee’s explanation; documents received.
Questions asked and answers.
Adjournment; deadline for supplemental submissions.

C) Notice of Decision (termination)

Findings of fact (chronology).
Grounds (policy provisions + legal basis, e.g., neglect/abandonment).
Discussion of why explanation was insufficient.
Effective date of termination; instructions on clearance/final pay; property return.

D) Early Acceptance of Resignation (if chosen)

Acceptance effective [date].
Waiver of further service of notice period.
Turnover obligations; clearance; final pay timeline.

11) FAQs

Q: Is one week of silence enough for abandonment? A: Not by itself. You still need (1) unauthorized absence and (2) proof of intent to sever (e.g., ignoring NRTW/NTE, statements, new employment).

Q: Can we terminate immediately if the employee doesn’t respond? A: Only after you’ve observed twin-notice due process and allowed a real opportunity to explain.

Q: What if the employee is unreachable? A: Send notices to the last known address via registered mail/courier and to known email; keep dispatch proofs. Document calls/texts.

Q: During the resignation notice period, can we reclassify as “abandonment”? A: You can, but consider simply accepting immediate resignation. If you pursue just cause, prove intent to sever and follow due process.

Q: Can we deduct the unserved part of the 30-day notice from salary? A: Avoid unilateral deductions unless there’s clear legal/CBA basis and written authorization. Otherwise, seek damages separately.

12) Employer checklist (one page)

Verify absence; rule out approved leave/assignment.
Issue NRTW + NTE with 5-day reply window.
Serve notices properly; keep proofs.
Hold/administer conference if needed.
Evaluate evidence of intent to sever.
Issue Second Notice with reasons and effective date.
Process final pay/COE/clearance; recover company assets.
Archive complete case file.

13) Key takeaways

Due process wins cases. The twin-notice rule and a real chance to be heard are mandatory—even for AWOL.
Intent to sever distinguishes abandonment from simple absence. Build your proof.
During resignation notice, you may accept early or pursue just cause—choose deliberately and document.
Keep policies clear, acknowledged, and consistently enforced.

If you share your policy excerpt, absence dates, and what you’ve already sent the employee, I can draft tailored notices (NRTW/NTE/Decision) and an evidence checklist you can use immediately.