Query: How should an employee be charged with AWOL if they fail to return from vacation leave as agreed with the employer?
In the Philippines, managing an employee's absence without official leave (AWOL) involves a clear understanding of labor laws and adherence to due process. AWOL occurs when an employee fails to report to work without valid authorization or notification and without a reasonable excuse. Handling such cases requires a process that respects both the rights of the employee and the operational needs of the employer.
The process generally follows these steps:
Documentation of Absence: The employer should document the employee's absence, noting the dates and any communication attempts made to contact the employee.
Attempt to Contact: The employer must attempt to contact the employee using all available means, documenting these attempts. This can include phone calls, emails, and even sending a written notice to the employee's last known address.
Issuance of Return-to-Work Order: If the employee is unreachable, the employer should issue a return-to-work order, typically sent to the employee's address via registered mail, giving them a reasonable period to respond or return to work.
Due Process: Before declaring an employee as AWOL, due process must be observed. This involves sending at least two written notices: the first informing the employee of the specific act violating company rules (unauthorized absence), and the second serving as a notice of disciplinary action, typically a hearing where the employee can respond to the charge.
Decision Making: If the employee still does not respond or return to work after receiving due notices, the employer may then consider terminating employment. The decision must be based on substantial evidence of the infraction and must follow legal guidelines to avoid wrongful termination claims.
The legality of the action taken against an employee for AWOL depends on following this due process. Arbitrarily declaring an employee AWOL without following these steps can lead to legal challenges. Employers must ensure that their actions are well-documented and justified, observing fairness and the labor rights afforded to employees under Philippine law.
It is essential for employers to consult with or involve a legal professional in drafting and reviewing their internal policies regarding absences to ensure they align with legal standards and to handle AWOL cases correctly. This approach not only minimizes legal risks but also promotes a fair and professional workplace environment.