What legal steps can employers take against employees for misconduct, including AWOL, misrepresentation, theft, and falsification?

In the Philippines, employers facing issues with employee misconduct have a structured legal framework to address various infractions, from absenteeism without official leave (AWOL) to more serious offenses like misrepresentation, theft, and falsification of company documents.

Addressing AWOL

When an employee is absent without official leave, the employer should follow a procedural due process which includes sending at least two written notices to the employee: a written notice to explain why they were absent and a subsequent memorandum indicating the company’s decision. If the employee fails to respond to these communications, the employer may proceed with termination based on substantial grounds of abandonment of work.

Handling Misrepresentation, Theft, and Falsification

Internal Investigation: Before taking any legal action, conduct a thorough internal investigation to gather all relevant facts and evidence. It’s essential to document all findings and ensure that any accusation of misconduct can be supported with concrete evidence.
Issuance of a Show Cause Notice: The employee accused of misconduct should be issued a show cause notice, asking them to explain their side of the story. This is an integral part of ensuring fair play and due process.
Hearing or Conference: Allow the employee to respond to the allegations in a formal setting where they can present their defense. This might include witnesses or documentary evidence in their favor.
Final Decision: Based on the evidence and the employee’s defense, the employer can then make an informed decision. If the decision is to terminate, this should be communicated through a formal notice of termination outlining the reasons for dismissal.

Legal Proceedings

If the misconduct involves criminal actions such as theft or falsification of documents, the employer can file a criminal complaint with the appropriate authorities. It is crucial to:

File a complaint with the Philippine National Police or directly with the Prosecutor’s Office.
Provide all necessary documents and evidence supporting the claim of misconduct.
Cooperate with the authorities during the investigation and potential prosecution.

Concurrent Actions

Employers can concurrently proceed with internal disciplinary actions and external criminal charges if the actions of the employee constitute both a violation of company policies and criminal law. It is legally permissible to pursue termination for breach of company rules while also pressing criminal charges for offenses like theft or falsification.

Considerations for Employers

Ensure that all actions comply with the Labor Code of the Philippines and respect the rights of employees to due process.
Legal advice is recommended to navigate complex situations involving potential criminal behavior.
Maintaining confidentiality and handling the situation sensitively can help preserve the reputation of both the company and the individuals involved.

Conclusion

Employers must approach cases of employee misconduct with a balanced perspective, ensuring fairness and legality in their proceedings. When misconduct escalates to criminal activity, such as theft or falsification, it is prudent to involve legal professionals to ensure that the rights of the company and the due process rights of the employee are both fully respected.