Handling Clearance Disputes in the Philippines: Navigating AWOL and Resignation Issues

Query: What should an employee do if their department head refuses to sign their clearance due to allegations of being AWOL after filing an immediate resignation?

In the Philippines, the process of employee clearance upon resignation is crucial for ensuring that all obligations between the employer and the employee are settled. This includes the return of company property, settling financial accounts, and the final release of any employment-related claims. However, disputes can arise, such as a department head refusing to sign a clearance form on grounds that the employee was absent without official leave (AWOL).

Legal Insights on AWOL and Clearance:

• Definition and Implications of AWOL: Being AWOL typically means that an employee has not reported for work without official leave and without notifying their employer. If an employee resigns immediately but is accused of being AWOL before their resignation, the employer may dispute the clearance due to unresolved attendance issues.
• Rights Upon Resignation: Employees who resign are usually required to provide notice (often 30 days), unless otherwise specified in their contract or under exceptional circumstances. Immediate resignation can complicate matters, especially if the employer contests the reasons or timing.
• Clearance Procedure: The refusal to sign a clearance based on AWOL accusations needs to be legally justified. The employee has the right to request a detailed explanation of the reasons for such refusal and can dispute any unfounded claims through HR or higher management.

Steps to Address Clearance Issues:

1. Dialogue with HR: The first step should be to discuss the issue with the human resources department. They can mediate between the employee and the department head to resolve misunderstandings regarding AWOL claims.
2. Written Explanation Request: Ask for a written statement from the department head detailing the reasons for not signing the clearance. This document can be important if further action is needed.
3. Legal Advice: If internal resolution fails, seeking legal advice is advisable. A lawyer can provide guidance on the legality of the AWOL claim and the potential for legal recourse.
4. Department of Labor and Employment (DOLE) Intervention: As a last resort, filing a complaint with DOLE can help resolve the issue, especially if the clearance dispute affects final pay or benefits.

Conclusion:

Employees must understand their rights and obligations when resigning, particularly in situations involving immediate resignation and AWOL allegations. Proper communication and following the correct procedures can help resolve disputes over clearance, ensuring both parties fulfill their legal and professional responsibilities. If disputes persist, legal avenues are available to address the grievances adequately.