Abandoned work may apply on resignation cases wherein employees committed to a period of rendering, but opted to leave immediately.
Good afternoon po, would like to seek clarification (hoping if you can help me) If an employee sent his/her resignation and didn’t comply with the notice period (no show no call after the letter of resignation) can the company proceed with the due process like sending a return to work order? And up to termination? Rather than accepting his resignation? – Kristine
In our field of work, it is expected that we will encounter employees who will leave the company without observing the 30 days rendering period, at least once in our professional life.
Now to answer your Q,
IF in the resignation letter, the employee stated that s/he will still render for a certain period but not 30 days, and for reasons still unknown, the employee is being absent. You may follow this procedure:
- Respond in writing and send both via registered mail or courier and electronic mail, that the resignation notice is non-compliant to Art 300 of the labor code. And if concerned employee pushes thru, ensure that your letter will include “financial damages in the *amount of ________ will be collected”.
- If employee absence reached the threshold for AWOL, the company can send a return to work order also via electronic and registered mail. The final letter would be for confirmation of abandoned work. Likewise, reiterate the financial accountability of the employee for not rendering 30 days, and that s/he will be tagged terminated for abandoning work
IF in the resignation letter, the employee stated s/he will render 30 days, but for magical reasons s/he just disappeared without a trace, then just follow step #2 above. It will also lead to a case of abandonment of work
If the employee just advised you in writing that s/he’s resigning immediately, you cannot deny or disapprove the resignation, unless the employee has a pending administrative case. The best you can do is send an employee a letter advising him/her that because s/he failed to observed the 30 days rendering period, there is financial accountability that goes with it.
Computation for the financial liability associated with the abandoned work and/or non-observance of 30 days notice should have a written policy. In the absence of one, financial damages can be computed commensurate to the “direct” consequence (i.e. losses, breakages) of the immediate resignation to business operations. Other companies just withheld all the remaining payables to the employee, but I am not recommending this.
On the computation of the final payment, the financial damages should be included in employee accountability and deducted from the employee’s final pay.
G.R. No. 202961 February 4, 2015
“The Civil Code provides that the employer is authorized to withhold wages for debts due:
Article 1706. Withholding of the wages, except for a debt due, shall not be made by the employer.
“Debt” in this case refers to any obligation due from the employee to the employer. It includes any accountability that the employee may have to the employer. There is no reason to limit its scope to uniforms and equipment, as petitioners would argue.”
Clearance depends on full settlement or a mutually agreed arrangement. The non-payment can lead to a civil case. Though management cannot withhold the certificate of employment, it can insinuate on the COE that the employee did not observe the right off-boarding process.
Please note that I can only give advice based on the information you provided, and if I misunderstood the context of your situation, my advice can be erroneous. Stay safe.
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