In the Philippine employment landscape, the terms AWOL (Absence Without Official Leave) and Abandonment of Work are often used interchangeably. However, from a legal standpoint, they represent different degrees of disciplinary infractions. While AWOL is a matter of company discipline, Abandonment is a recognized just cause for termination under the Labor Code.
1. Defining the Concepts
Absence Without Official Leave (AWOL)
AWOL occurs when an employee fails to report for work without prior notice or approved leave from their supervisor. It is generally treated as a violation of company rules and regulations.
- Nature: Usually a disciplinary issue.
- Sanction: Depending on the company's Table of Penalties, it can range from a written warning to suspension. Repeated AWOL may eventually lead to dismissal under the ground of "Gross and Habitual Neglect of Duty."
Abandonment of Work
Abandonment is a specific form of neglect of duty. It is the deliberate and unjustified refusal of an employee to resume their employment. Under Philippine jurisprudence, abandonment is not a standalone ground in the Labor Code but is categorized under Gross and Habitual Neglect of Duties (Article 297 [282]).
2. The Two Requisites of Abandonment
To legally justify termination based on abandonment, the Supreme Court has consistently ruled that two elements must concur:
- Failure to Report: The employee must have failed to report for work or must have been absent without a valid or justifiable reason.
- Intent to Sever: There must be a clear "intent to sever" the employer-employee relationship. This is the more critical element and is manifested by overt acts showing that the employee no longer wishes to work.
Key Legal Distinction: Mere absence is not abandonment. If an employee is absent but intends to return (e.g., they are sick but failed to call in), the second element is missing.
3. The Burden of Proof
In illegal dismissal cases, the burden of proof rests on the employer. The employer must prove that the employee specifically intended to abandon their job.
- The "Filing of a Complaint" Rule: If an employee files a complaint for illegal dismissal shortly after being terminated for abandonment, the Supreme Court usually views this as proof that the employee had no intention to abandon their work. It is logically inconsistent for someone to "abandon" a job and then sue to get it back.
4. Due Process Requirements: The Two-Notice Rule
Even if an employee has been gone for weeks, an employer cannot simply "delete" them from the payroll. To validly dismiss an employee for abandonment, the Twin Notice Rule must be followed:
- The First Notice (Notice to Explain/Show Cause): The employer must send a notice to the employee's last known address. This notice should:
- Cite the specific period of absence.
- Require the employee to explain why they should not be disciplined.
- Direct the employee to return to work (often called a "Return to Work Order").
- The Hearing/Conference: The employee must be given an opportunity to answer the charges.
- The Second Notice (Notice of Decision): After considering the explanation (or lack thereof), the employer sends a second notice informing the employee of the decision to terminate.
5. Common Pitfalls for Employers
- Failure to Send Notices: Simply assuming an employee "quit" because they stopped showing up is a procedural violation that can lead to a ruling of illegal dismissal.
- Vague Return-to-Work Orders: Orders must be sent via registered mail to ensure there is proof of receipt.
- Immediate Replacement: Replacing an employee immediately without following the notice period can be seen as "constructive dismissal."
6. Summary Table: AWOL vs. Abandonment
| Feature | AWOL | Abandonment |
|---|---|---|
| Definition | Simple failure to report without leave. | Deliberate refusal to work with intent to quit. |
| Legal Basis | Company Policy / Code of Conduct. | Labor Code (Article 297 - Neglect of Duty). |
| Proof Required | Attendance records/logs. | Proof of absence + Overt acts of intent to sever. |
| Usual Penalty | Warning, Reprimand, or Suspension. | Termination of Employment. |
| Due Process | Required for all disciplinary actions. | Strict adherence to the Two-Notice Rule. |
7. Conclusion
Under Philippine Labor Law, the protection of the "security of tenure" means that the law leans in favor of the employee. Therefore, "Abandonment" is a defense that is looked upon with disfavor by Labor Arbiters unless the employer can clearly demonstrate both the physical absence and the mental intent of the employee to leave their post for good.