Here’s a practitioner-friendly legal article on “Termination Due to Absence (Philippines Labor Law)”—covering AWOL, abandonment, habitual absenteeism, due process, evidence, proportionality, payroll effects, and ready-to-use HR templates. No web sources used, per your request.

Termination Due to Absence (Philippines): The Complete Playbook

1) Core legal bases & big distinctions

Security of tenure is constitutional; dismissal must have just cause and due process.

Common legal anchors for absence-related termination:

Gross & habitual neglect of duties (Labor Code, Art. 297 [former 282]) – Fits chronic absenteeism or repeated AWOL violating a clear policy.
Willful disobedience / insubordination – Fits refusal to comply with Return-to-Work Orders (RTWO) or lawful scheduling directives.
Analogous causes (company rule defining “abandonment” / “AWOL” as a dismissible offense) – Abandonment requires two elements: (a) failure to report for work without valid reason, and (b) clear intention to sever the employment (animus deserendi). Mere absence—even prolonged—is not abandonment unless intent is shown by overt acts (e.g., ignoring RTWOs, taking another job, refusing to engage).

Key distinction:

AWOL = unauthorized absence.

Habitual absenteeism = repeated absences breaching a written policy (counts & periods defined).

Abandonment = AWOL plus intent to quit (proved by conduct). Penalties and proof standards differ.

2) Policy & proportionality (before any case)

Use a written attendance policy that defines:
- Absence, tardiness, undertime;
- “Habitual” thresholds (e.g., ≥X absences in Y period);
- Proof for excused absences (doctor’s note, government orders, force majeure);
- Progressive discipline matrix (warning → suspension → dismissal);
- AWOL/abandonment protocol (RTWO timing, contact attempts).
Proportionality: Jumping straight to dismissal for a first absence usually fails. Chronic or defiant behavior after warnings is where dismissal survives scrutiny.

3) Due process: the Twin-Notice Rule (non-negotiable)

1st Notice: Notice to Explain (NTE)
- Detail dates, shifts, policy violated; attach logs.
- Give at least 5 calendar days to reply.
- For AWOL cases, serve to last known address/email and messaging channel used at work.
Opportunity to be heard
- Hearing/conference (especially if requested or credibility issues exist).
- Allow counsel/representative; document minutes.
2nd Notice: Decision
- Resolve the facts, address the employee’s defense, cite policy/legal basis, state penalty and effectivity date.

Procedural defects can result in nominal damages even if the substantive cause exists. If cause fails, dismissal becomes illegal → reinstatement (or separation pay in lieu) + backwages.

4) Evidence that wins (employer side)

Timekeeping (biometrics/swipe logs/system access logs).
Schedules/shift assignments and leave records (approvals/denials).
Communications: NTEs, RTWOs, emails/texts/courier proofs, call logs.
Prior discipline: warnings/suspensions with acknowledgment.
Operational impact (missed handoffs, client escalations) to show gravity.
Overt acts proving intent to sever (for abandonment): new employment records, explicit refusal to report, moving-out notice, etc.

Employee-side exculpation commonly accepted if documented: medical emergencies, government-imposed restrictions, disasters, court summons, protected leaves (e.g., maternity, solo-parent leaves), approved WFH, or constructive dismissal indicators (see §10).

5) Managing AWOL now (practical timeline)

Day 0–1: No-show detected → supervisor attempts contact (call/text/email). Day 2–3: Issue NTE (unauthorized absence) + RTWO with a firm date/time/place; send by courier + email + SMS; log attempts. Day 5–7: If no reply/appearance, issue 2nd NTE (for failure to comply with RTWO / continued AWOL). Offer hearing date. Day 10+: Evaluate reply (if any). If none/insufficient and policy threshold met, issue Decision (penalty up to dismissal). If intent to sever is clear, you may characterize as abandonment—but only with evidence.

Preventive suspension? Rarely appropriate for absence cases (no workplace threat). Use only if presence risks evidence tampering or safety.

6) Habitual absenteeism (gross & habitual neglect)

Works best when your policy quantifies thresholds (e.g., 6 unexcused absences in a rolling 60 days or 10 in a quarter).
Use progressive discipline: warning → final warning → short suspension → dismissal if the pattern persists.
Show consistency across employees to avoid discrimination claims.

7) Abandonment (higher risk, higher proof)

Prove both:

Failure to report without valid cause; and
Intent to sever employment (animus deserendi), shown by acts like: ignoring multiple RTWOs, explicit resignation-like messages, taking up full-time work elsewhere, surrendering IDs/equipment with “I won’t come back,” etc.

Always issue:

NTE and RTWO (give a clear reporting deadline).
If still no response, send Final Demand to Report warning that continued absence will be treated as abandonment.
Proceed with Twin-Notice dismissal if silence persists.

8) Special protections & accommodations

Health/disability/pregnancy: Consider reasonable accommodation; don’t penalize absences tied to protected medical conditions without interactive process and proof.
Statutory leaves: Solo Parent, Maternity, Paternity, Violence-Against-Women leave, etc.—absences under these cannot justify dismissal.
Force majeure / calamity / transport strikes: Equity favors excusing or mitigating; require reasonable proof.
Remote/hybrid: Define tardiness/absence using logins, deliverables, and core hours; clarify time-off requests for WFH.

9) Payroll effects & clearances

“No work, no pay.” Unexcused days are unpaid (not “deductions” but non-payment).
Leave credits: Apply only if approved; retroactive conversion needs policy backing.
Final pay (if dismissed): release earned pay, unused SIL/VL (if convertible per policy), and 13th month pro-rata.
COE: Issue Certificate of Employment upon request—neutral facts only.

Separation pay? For just cause termination (AWOL/abandonment/habitual absenteeism), none is legally due; courts may rarely award financial assistance on equity, but employers should not promise it.

10) Defenses you’ll see (and how to assess)

Approved or emergency leave (medical certificates, proof of hospitalization).
Lack of notice (wrong address/email; check your records and proof of service).
Constructive dismissal (e.g., illegal demotion, wage cuts, harassment causing absence). Investigate credibly; if substantiated, termination will likely fail.
Payroll disputes (withheld wages). Non-payment can undercut “willful” absence; resolve wage issues promptly.
Force majeure (floods, transport bans): verify with public advisories, receipts, photos.

11) Employer checklists

Before dismissal

□ Written policy with thresholds/progressive penalties.
□ Logs (timekeeping/IT), NTEs/RTWOs, courier proofs.
□ Evidence of prior discipline (if habitual case).
□ Evaluate medical/protected leave issues.
□ Hold hearing if requested; document minutes.
□ Draft reasoned decision citing facts, policy, proportionality.

After dismissal

□ Release final pay and COE timely.
□ Secure return of company property (ID, devices).
□ Keep the disciplinary file for at least 5 years.

12) Employee survival guide (if you’re the worker)

Notify immediately; send location-enabled messages/email.
Keep medical/transport proofs; ask for RTWO schedule if you can return.
If treated as abandoning but you intend to stay, reply in writing: “I have no intent to resign; I will report on [date].”
If dismissed, file SEnA (conciliation) then NLRC if unresolved—mind 3-year limit for money claims/4-year for illegal dismissal.

13) Templates (copy-ready)

A) Notice to Explain (AWOL)

Subject: Notice to Explain – Unauthorized Absence (AWOL) Records show you were absent without approved leave on [dates], violating [Policy §]. You are directed to submit a written explanation within five (5) calendar days from receipt and to attend a conference on [date/time] at [venue/online link]. Failure to respond may result in disciplinary action up to dismissal. Attachments: Time logs, schedule, policy excerpt.

B) Return-to-Work Order (RTWO)

You are ordered to personally report for work on [date/time/place]. Failure to comply without valid reason will be treated as serious violation and may constitute abandonment. For clarifications, contact [HR contact].

C) Final Demand to Report (Potential Abandonment)

Despite our NTE dated [__] and RTWO dated [__], you have not reported nor provided justification. You are given a final opportunity to report on [date] or submit your explanation within 3 days. Otherwise, we will proceed with dismissal for abandonment/habitual absenteeism.

D) Decision Notice – Dismissal (Habitual Absenteeism/AWOL)

After reviewing your records, your explanation, and the conference on [date], Management finds you liable for [habitual absenteeism/abandonment] under [Policy §] and [legal basis]. Prior penalties (on [dates]) did not deter recurrence. Your employment is terminated effective [date]. Please coordinate with HR for clearance and final pay. Enclosed: computations and property turn-over list.

E) Employee Explanation (template)

I was absent on [dates] due to [medical/emergency]. Attached are [proofs]. I do not intend to resign and am ready to report on [date]. I request consideration and propose [make-up work/leave conversion].

14) FAQs (fast answers)

How many days of absence = abandonment? No magic number. Intent to sever must be shown (e.g., ignoring RTWOs).
Can we dismiss on first AWOL? Usually no—use progressive discipline, except in egregious cases (e.g., critical role + clear defiance).
Do we need a hearing if employee won’t engage? Offer it; if they refuse/ignore, document and proceed.
Separation pay? None for just cause.
Preventive suspension? Rare for absence cases—use sparingly and only with valid grounds.

15) Bottom line

Absence ≠ automatic dismissal. Build your case on policy, pattern, and—if claiming abandonment—intent to sever.
Twin-Notice due process is essential; RTWOs are your best tool to test intent.
Progressive discipline + clean evidence + proportionality will make a termination for absence stick; shortcuts almost always backfire.

If you want, I can convert this into a printable HR toolkit: policy language, all five templates, an RTWO tracker, and a 12-month absenteeism computation sheet.