All There Is to Know About Grounds for Employee Termination Due to Tardiness or AWOL in the Philippine Context

Disclaimer: The information provided herein is for general educational purposes only and does not constitute legal advice. For specific concerns or cases, it is best to consult a qualified labor law practitioner.

1. Overview of Termination Under Philippine Labor Law

In the Philippines, the Labor Code (Presidential Decree No. 442, as amended) governs the legal framework for termination of employment. Generally, termination can be validly carried out only on the basis of:

Just Causes – Grounds directly attributable to the employee’s fault or negligence (e.g., serious misconduct, willful disobedience).
Authorized Causes – Grounds not necessarily due to the employee’s fault, such as redundancy, retrenchment, or closure of business.

Tardiness and Absence Without Leave (AWOL) are often cited as forms of employee misconduct or neglect of duty. The legality of termination depends on the presence of valid grounds (as found in the Labor Code and related jurisprudence) and the observance of due process.

2. Tardiness: When Can It Be a Ground for Termination?

2.1 Tardiness as “Willful Disobedience” or “Neglect of Duty”

Willful Disobedience: Tardiness may be considered “willful disobedience” of the company’s rules if the employee repeatedly ignores or violates clear company policies or work schedules without any valid reason. Typically, company manuals set out specific guidelines on punctuality and the cumulative effect of repeated tardiness.
Gross Neglect of Duty: Consistent and habitual tardiness (especially when it disrupts operations) might be construed as neglect of duty if it results in significant harm or risk to the employer’s business.

2.2 The Necessity of Company Policies and Progressive Discipline

Philippine jurisprudence often underscores the importance of company-specific policies detailing how tardiness is handled. Some employers have a point system or progressive discipline system (e.g., verbal warning, written warning, final warning, suspension, and ultimately termination).

Progressive Discipline: Terminating an employee for isolated or first-offense tardiness is often deemed disproportionate. Employers are encouraged to provide warnings and an opportunity for correction.
Repeated Violations: If the employee continues to be tardy despite progressive disciplinary measures, the employer may have grounds to terminate.

2.3 Due Process Requirements

Before terminating an employee for tardiness, the employer must generally observe two aspects of due process:

Substantive Due Process: There must be a valid cause to terminate under the Labor Code. Habitual tardiness that has been thoroughly documented and violates express company rules can qualify as a valid cause.
Procedural Due Process: This typically includes:
- First Notice (Notice to Explain): The employer must give a written notice detailing the act or omission (e.g., habitual tardiness), and provide the employee an opportunity to explain or defend themselves.
- Hearing or Conference (optional but advisable): The employer may conduct a hearing or conference to discuss the explanation (or lack thereof).
- Second Notice (Decision to Terminate): If the employer finds the explanation insufficient, a second notice must be served, indicating the justification for termination and the effective date.

Failure to observe these due process requirements can expose the employer to potential liability for illegal dismissal, even if the cause (tardiness) could otherwise have been valid.

3. AWOL (Absence Without Leave): Legal Implications

3.1 What Does AWOL Mean?

An employee is on AWOL if they are absent from work without prior notice or permission and fail to inform or secure approval from management. AWOL does not always equate to “abandonment” of work, but repeated or prolonged AWOL can potentially become a ground for termination.

3.2 Distinguishing AWOL from Abandonment

Abandonment is often defined by jurisprudence as the deliberate, unjustified refusal of an employee to resume employment. It involves:
1. The failure to report for work for a prolonged period; and
2. A clear intent to sever the employer-employee relationship.
Mere Absence (AWOL), especially of short duration, is not automatically abandonment. However, an employee’s prolonged AWOL without valid reason and without any attempt to communicate or return to work may be construed as abandonment, which is a valid just cause for termination under Article 297 of the Labor Code (previously Article 282).

3.3 When Can AWOL Lead to Termination?

Repeated or Prolonged AWOL: If an employee has a track record of frequent AWOL incidents, or if they vanish for a prolonged period without valid reasons or notice, the employer may take disciplinary action leading to termination.
Lack of Communication/Justification: The employer typically has the right to require justification. If the employee refuses or fails to respond to notices or fails to provide a compelling reason for extended absences, dismissal may be warranted.
Intent Not to Return: If the employee’s actions demonstrate that they do not intend to resume work—such as ignoring repeated attempts by the employer to reach out—the employer can lawfully treat the conduct as abandonment.

3.4 Due Process in AWOL Cases

Similar to tardiness, employers must comply with substantive and procedural due process when terminating for AWOL:

Notice to Explain: The employer should issue a written notice identifying the periods of absence and the violation of company rules on attendance.
Opportunity to Respond: The employee must be given the chance to explain. If the employee fails to respond or refuses to clarify the unauthorized absences, the employer can proceed accordingly.
Notice of Termination: If the explanation is found unsatisfactory or if the employee remains unresponsive, a formal notice terminating the employment relationship is sent.

Employers should document all efforts to contact the employee and keep evidence of any correspondences, announcements, and deadlines provided. This thorough documentation is crucial should the matter reach administrative or judicial forums.

4. Practical Tips for Employers and Employees

4.1 For Employers

Establish Clear Attendance Policies: Provide employees with an employee handbook or circular specifying the rules on tardiness, AWOL, and the corresponding disciplinary measures.
Implement Progressive Discipline: Before terminating employment for tardiness, ensure that warnings and less severe sanctions (e.g., suspensions) have been enforced, unless the offense is extremely serious or repeated to the point that immediate dismissal is justified.
Document Everything: Keep records of attendance, incident reports, notices issued, and responses (or lack thereof). Proper documentation is vital for defending against potential illegal dismissal claims.
Observe Due Process: Always issue the required notices and allow the employee to explain. Failure to follow procedural due process may render the dismissal illegal despite having a valid cause.

4.2 For Employees

Familiarize Yourself with Company Policies: Know your employer’s rules regarding tardiness, absences, and the disciplinary process so that you understand potential consequences.
Communicate and Provide Justifications: If you must be absent or late, notify your employer as soon as possible and provide valid supporting documents, when necessary (e.g., medical certificates).
Respond Promptly to Notices: If you receive a Notice to Explain regarding tardiness or AWOL allegations, respond thoroughly and promptly. Silence or non-response can be construed as admission of wrongdoing or abandonment.
Seek Legal Advice When in Doubt: If you believe you are being unfairly penalized or terminated, consult a legal professional or the Department of Labor and Employment (DOLE) for guidance on your rights.

5. Notable Points from Philippine Jurisprudence

Habitual Tardiness Must Be Proven: A single or isolated case of tardiness is generally not enough to warrant dismissal. Repeated and consistent tardiness—coupled with warnings—strengthens the employer’s case.
Proportionate Penalty: The Supreme Court of the Philippines has repeatedly ruled that the penalty of dismissal must be proportionate to the gravity of the offense. Employers who dismiss employees for relatively minor infractions without progressive discipline or sufficient warnings risk losing an illegal dismissal case.
Burden of Proof: In illegal dismissal cases, the employer bears the burden of proving that the termination was for a valid cause and in compliance with due process. Hence, complete documentation and evidence are essential.
Abandonment Requires Clear Intent: Prolonged absence alone does not automatically constitute abandonment. There must also be a clear showing of employee’s intent to sever the employer-employee relationship.

6. Conclusion

In the Philippine setting, tardiness and AWOL can indeed be grounds for valid dismissal—but only if there is a clear basis under the Labor Code’s “just causes” and if due process requirements are met. Employers must apply company policies and disciplinary rules consistently and fairly, while employees should be aware of these policies and communicate proactively to avoid misunderstandings.

When questions or disputes arise, both parties should be guided by the principles of fairness, reasonableness, and good faith. Proper documentation, transparent communication, and adherence to procedural due process remain the key pillars to avoid or resolve conflicts on tardiness or AWOL issues.