Can an AWOL employee return to work after incurring absences?

In the context of employment law in the Philippines, "AWOL" stands for "Absent Without Official Leave." An employee who goes AWOL has effectively abandoned their job without notifying or obtaining approval from their employer. The implications of going AWOL are serious and can lead to disciplinary actions, including termination. However, there are legal remedies and steps that both employers and employees can take in such situations.

Understanding AWOL and Its Consequences

1. Definition and Context: An employee is considered AWOL if they fail to report for work without providing notice or securing leave approval from their employer. This absence can disrupt the workplace, affecting productivity and operations.

2. Legal Consequences: In the Philippines, an employee who goes AWOL may face the following consequences:

Termination of Employment: Employers have the right to terminate an employee for AWOL, considering it a breach of the employment contract.
Disciplinary Actions: Lesser penalties may include suspension or demotion, depending on the company's policies and the severity of the absence.
Loss of Benefits: An AWOL employee may forfeit certain benefits, such as performance bonuses, incentives, or even accumulated leaves.

Legal Framework Governing AWOL

1. Labor Code of the Philippines: The primary law governing employment in the Philippines is the Labor Code. While it does not explicitly define "AWOL," it provides the grounds for valid dismissal, which includes "willful disobedience" or "gross and habitual neglect of duties."

2. Company Policies: Companies often have their own policies regarding attendance and leave. These policies should be clearly outlined in the employee handbook or contract. An employee who goes AWOL is in violation of these policies, providing legal grounds for disciplinary action.

Remedies and Steps for AWOL Employees

1. Communication: An employee who realizes they have gone AWOL should promptly communicate with their employer. Providing a valid reason for their absence and expressing a willingness to return to work can sometimes mitigate the situation.

2. Reinstatement: If the absence was due to unavoidable circumstances, the employee might request reinstatement. Employers may consider this if the employee has a good track record and provides a valid explanation for their absence.

3. Legal Recourse: Employees who feel they have been unjustly terminated for AWOL may seek recourse through the National Labor Relations Commission (NLRC). They can file a complaint for illegal dismissal if they believe their termination was without just cause or due process.

Preventive Measures for Employers and Employees

1. Clear Policies: Employers should ensure that attendance and leave policies are clearly communicated to all employees. Regular reminders and updates can help prevent misunderstandings.

2. Open Communication Channels: Establishing open lines of communication can help employees report issues or request leaves more effectively, reducing the likelihood of AWOL incidents.

3. Documentation: Employees should keep records of their leave requests and approvals. In case of disputes, this documentation can serve as evidence.

Conclusion

Going AWOL is a serious offense in the Philippine workplace that can lead to termination and other disciplinary actions. Both employers and employees must understand their rights and responsibilities under the Labor Code and company policies. Prompt communication and clear documentation can often resolve or prevent AWOL situations, ensuring a fair and productive work environment for all parties involved.