AWOL or absent without leave is applied for absences without prior notice and approval.
Here’s another email inquiry, this time about AWOL. Sharing my response to this Q because non observance of 30 days notice in employee resignation is a general HR concern.
Dear sir Sonnie,
Good morning. I just want to ask your opinion about our employee who submitted a resignation letter dated last June 30, 2019 and his last day will be effective July 31, 2019. However, he is not reporting since June 19 until now and mentioned his consent to our Finance Manager that he will not anymore get his claims and last pay and will just go AWOL.
In this case, shall we still need to send an official AWOL Letter to him or we will just let it be? By the way he is a Probationary employee who was hired April 15, 2019. Thank you for your advice.
My response:
First and foremost, 1 month notice notice is a requirement of the law. In some companies who offer gratuity benefit, 30 days is counted as “working days”. In the absence of a policy, 30 days is counted as “calendar days”.
Non observance of 30 days (unless those exempted by law) gives management the prerogative to run after the offending employee and collect financial damages.
Going back to the question, how do we handle AWOL in connection with employee resignation:
Case 1: Resignation letter states 30 days notice and resignation was duly accepted
Case 2: Resignation letter states 30 days notice, document received but resignation not yet accepted because of a pending case.
Case 3: Resignation letter do not comply with the 30 days notice and resignation is not yet accepted
Case 4: Resignation letter do not comply with 30 days notice but resignation was accepted
Case 1: Resignation letter states 30 days notice and resignation was duly accepted
If employee suddenly stopped reporting for work without approved leave, management can proceed with sending two AWOL letters in a period of of 10 days, 3rd letter will be abandonment of work. Treatment of authorized leaves depends on company policy.
Case 2: Resignation letter states 30 days notice, document received but resignation not yet accepted because of a pending case.
If employee is under administrative investigation, management has the prerogative to withhold acceptance of resignation pending result of the investigation.
Same AWOL application as above if employee stopped reporting for work within the rendering period. After the investigation, management may either accept the resignation or proceed with termination if that is the result of the investigation. Acceptance of resignation, however, do not absolve the employee on his accountabilities.
If without a case and employee absents himself after the rendering period, company do not have the right to force employee to stay or extend his employment, Any extension is subject to the concurrence of the employee. Forcing employee to extend is tantamount to involuntary servitude.
Case 3: Resignation letter do not comply with the 30 days notice and resignation is not yet accepted.
Option 1: State/write on the RL that the notice is not accepted unless 30 days notice is complied. If employee insisted that he will proceed with the original schedule of resignation, then issue an NTE, re: why an *amount of _______ will not be collected from employee for non compliance to article 300 of the labor code.
[better option] Option 2: Respond in writing that the resignation notice is non compliant to Art 300 of the labor code, and if employee pushes thru, then financial damages in the *amount of ________ will be collected. Let employee sign and acknowledge.
*amount representing damages should have basis, stated in the policy or stipulated in the contract and discussed during new employee orientation.
On the computation of the final pay, such amount should be included on employee accountability. Clearance depends on full settlement or as agreed upon.
But management cannot withhold certificate of employment.
Case 4: Resignation letter do not comply with 30 days notice but resignation was accepted
With the acceptance, it may be assumed that the employer waived its right to the 30 days rendering period. It frees employee from financial damages resulting from the non compliance to the 1 month notice rule. AWOL is not also applicable in this instance.
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There 2 main reasons I resigned. They did not pay my 10 days of work and only received 5 days of work when I needed the most. My brother got covid positive who lives with my mom whose 74 yrs old and needed to support them. I escalated this to the HR and their reasons was just going in Circles. They only put 5 days on my salary when I attended work for 10 days. No explanation on the payslip why they put 5 days. I was rendering the 30 days period unfortunately completed only 15 days because I couldnt… Read more »
you can file a case of non payment of salary, and they can do the same against you. who knows, you may be able to justify your non rendering of 30 days. But it is within their prerogative to run after you for not observing 30 days, but you can argue your case to an arbiter
hi po, i am a newly hired last march 15 and i file my resignation effective april 02. is there any problem po ba will i encounter?
yes, 30 days notice.