What Happens to Your Last Salary If You Go AWOL?

In the Philippines, the term AWOL, or Absent Without Official Leave, refers to the situation where an employee absents themselves from work without any formal and acceptable notice to the employer. This situation often leads to confusion and concern regarding the entitlements of the employee, particularly concerning the final pay or last salary.

Legal Framework Governing Final Pay

The Labor Code of the Philippines stipulates that employees are entitled to receive their last payment which may include last salary, 13th-month pay, and other benefits accrued during the period of employment. However, the process and the full entitlement might be affected by the circumstances under which the employee leaves the company.

Final Pay for AWOL Employees

For employees who go AWOL, employers still have legal obligations to settle any wages due up to the last day the employee worked. This includes compensation for days worked, overtime, and other benefits, unless specific contractual penalties are outlined in the employment contract concerning AWOL situations.

Deductions and Withholdings

Employers may have the right to make deductions from the final pay for any property of the company that has not been returned by the employee. Common examples include uniforms, company phones, or computers. Employers may also impose penalties for the breach of contract if such terms were explicitly stated and agreed upon in the employment contract.

Procedure for Claiming Last Salary

Direct Contact: The employee should contact the HR department or the employer directly to inquire about the final pay. It is advisable to do this in writing and to keep records of all communications.
Settlement of Accounts: The employer may require the return of any company property or the fulfillment of other obligations before releasing the final pay.
Legal Help: If the employer refuses to release the final pay or if there are disputes over the amount, it is recommended to seek legal advice or assistance from the Department of Labor and Employment (DOLE).

Conclusion

Going AWOL can complicate the process of receiving your final pay, but it does not forfeit your right to be paid for the work you have done. Employees are encouraged to formally resign whenever possible to ensure a smoother transition and to avoid potential legal and professional repercussions. Understanding your rights and obligations, as well as maintaining professional conduct, even in challenging employment situations, can help protect your interests and career in the long term.