Can an Employee Resign After a Period of Absence Without Official Leave (AWOL)?

In the Philippines, labor laws ensure the protection of both employees and employers, and one significant aspect of this is the regulation of employment termination and resignation. An employee may choose to resign from their position, but there are certain legal protocols that must be followed to ensure a smooth transition and to protect the interests of both parties involved.

Legal Framework for Resignation

Under the Labor Code of the Philippines, specifically Article 285 (now renumbered as Article 300), an employee may terminate their employment without just cause by serving a written notice to the employer at least one month in advance. This notice period allows the employer to find a suitable replacement or make necessary adjustments to the workforce.

Absence Without Official Leave (AWOL)

AWOL refers to an employee's unauthorized absence from work without informing the employer or securing the necessary leave approval. It is considered a breach of company policy and can lead to disciplinary actions, including termination. However, being AWOL does not inherently strip an employee of their right to resign.

Resignation After AWOL

An employee who has been AWOL can still submit a resignation letter. The resignation should follow the standard protocol, including the provision of a 30-day notice period. This notice period is crucial as it offers the employer adequate time to manage operational needs.

Key Points to Consider:

Notice Period: Even after a period of AWOL, the employee should ideally provide a 30-day notice before the effective date of resignation. This is a legal requirement unless otherwise waived by the employer.
Acceptance of Resignation: The employer has the right to accept or reject the resignation based on the company's policies and the circumstances surrounding the AWOL period.
Clearance and Final Pay: Employees who resign, including those who were AWOL, must undergo a clearance process. This ensures they have returned all company property and settled any obligations. The final pay, including any unpaid salaries and benefits, should be released following this clearance.
Disciplinary Actions: Employers may still pursue disciplinary actions for the period the employee was AWOL, even after a resignation letter is submitted. This could include documentation in the employee’s records or claims for damages if the AWOL period caused significant operational disruptions.

Employer's Recourse

Employers have the right to enforce company policies regarding AWOL. This might include:

Issuing a notice to explain the AWOL period.
Implementing disciplinary measures as outlined in the company’s code of conduct.
Filing necessary legal actions if the AWOL period resulted in substantial business losses.

Summary

While an employee who has gone AWOL can still submit a resignation letter, it is essential to follow the legal requirement of a 30-day notice period. Employers are within their rights to accept or reject the resignation and pursue any disciplinary actions for the period of unauthorized absence. Ensuring compliance with these regulations helps protect the rights and responsibilities of both employees and employers in the Philippines.