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.
Hello good day po, may concern lang po sana ako, nahire po kasi ako sa company na inapplyan ko, as secretary last July 27, 2019, then hindi ko po kasi kinaya ung nature of work sa kanila plus we have something urgent sa family na kailangan asikasuhin so I gave them notice na hindi na ko papasok or I will officially resign. Then huling araw na pumasok ako is August 6, 2019, ayoko na po kasi talaga doon, bukas sa hindi ko kaya ung nature of work na pinapagawa nila sken, nakaka offend din po ung Engr. Namin dun, and hnd naman din po ako natuturuan ng maayos. So in total I’ve only work for 7days lang po kasi since July 27 magkaroon din po ako ng mga absent eh. Ngyon po nagffollow up ako ng salary ko for 7days, then ang sabi po nila possible daw po na hindi irelease unh salary ko dahil hnd ako nakapag endorse, pinipilit po kasi nila ako mag endorse eh hnd ko naman po alam kung ano ieendorse ko kasi nga for 7days nangangapa pa din ako ng trabaho. Pati ung mga work na hnd ko pa naman nasimulan gawin kailangan ko daw gawin at tapusin. Ang sabi ko nga po paano ako mag eendorse kung ako mismo hindi ko kabisado ang daily routine gawa nga ng hnd naman po ako naguide ng maayos.
Tanong ko lang po, dapat ko pa ba gawin ung mga work ko dun even ung hnd ko pa naman nasisimulan gawin, at kailangan ko daw tapusin before they will release my salary.
if pinayagan ka na di mag render ng 30 days, kailangan mo pa rin mag turn over at mag pa clear.
GoodMorning po Sir Sonnie, I really need your help po right now. Nagttrabaho po ako sa isang electrical company. Nung natanggap ako my employment status is casual which is 5 month contract starting Aug. 24 2018 to Jan. 24, 2019. After ko matapos yung 1st contract ko they evaluate me and iupgrade po nila yung status as probationary which is 6 months contract (Jan 24 to July 24, 2019). My problem po is i give one day notice po sa company ko na nung july 23 na magpapaend of contract nalang po ako sa trabaho hanggang sa matapos nung contract ko which is July 24. Pumayag naman po yung employer ko but she said na need ko magrender ng 30 days turn over but due to a family emergency i will unable to fulfill my commitments. If ever po na di ako magcomply sa turn over iisuehan daw po nila akong abandonment of work.
makiusap na lang po tayo, since 30 days notice is required by law