Understanding AWOL and Employment Rights During the Pandemic in the Philippines

What are the rights of employees declared AWOL during the pandemic in the Philippines?

In the context of the COVID-19 pandemic, many employees faced unprecedented challenges related to employment, including issues of Absence Without Official Leave (AWOL) and termination. Philippine labor laws provide specific protections for employees, which have been particularly crucial during the pandemic. Understanding these rights is essential for both employees and employers to ensure fair and legal handling of employment issues during such crises.

1. Definition of AWOL: AWOL occurs when an employee is absent from work without any justified reason and without notifying their employer. However, the context of the pandemic, where movement restrictions and health risks are prevalent, complicates the straightforward application of AWOL policies.

2. Legal Protections During the Pandemic: The Department of Labor and Employment (DOLE) in the Philippines issued several advisories during the pandemic to guide employers on how to handle employment issues ethically and legally. These advisories discourage employers from unjustly declaring employees as AWOL if their absence is due to legitimate pandemic-related reasons such as quarantines, lockdowns, or illness.

3. Right to Due Process: Philippine labor law requires that employers follow due process in any disciplinary action, including cases of AWOL. This process typically involves a written notice detailing the cause of termination, ample opportunity for the employee to respond and defend themselves, and a hearing if necessary.

4. Constructive Dismissal: If an employee feels forced to leave their job due to unreasonable actions by the employer (such as wrongful AWOL declarations during the pandemic), this may be considered constructive dismissal. Employees may file a complaint with the DOLE or the National Labor Relations Commission (NLRC) if they believe they have been constructively dismissed.

5. Remedies and Actions: Employees declared AWOL under questionable circumstances have the right to contest their status through internal company mechanisms or through legal action. Consulting with a labor attorney can provide guidance based on the specifics of the case.

6. Encouragement of Dialogue: Both employers and employees are encouraged to engage in open dialogue to resolve issues related to absences and work arrangements, especially in the context of the continuing impacts of the pandemic. Flexibility and understanding from both sides can often prevent the escalation of conflicts to legal disputes.

The pandemic has highlighted the need for compassionate application of employment laws, balancing the rights and responsibilities of both employers and employees. Workers who find themselves unfairly declared AWOL during such times should seek legal advice and explore all avenues for amicable resolution.