Understanding the Legal Implications of AWOL and Financial Settlements in the Philippines

What are the legal consequences of an employee going AWOL, and can they request a financial settlement?

When an employee goes AWOL (Absent Without Official Leave) in the Philippines, it means that they have abandoned their job without informing or securing permission from their employer. This action has significant legal implications, both for the employee and the employer.

Legal Consequences of AWOL

1. Termination of Employment: Under Philippine labor law, AWOL is often considered a serious offense that can lead to the termination of employment. Employers have the right to terminate an employee who goes AWOL following due process, which typically includes serving a notice to explain and a subsequent hearing or opportunity for the employee to respond.

2. Loss of Employment Benefits: An employee who is terminated due to AWOL forfeits any employment benefits that they might have been entitled to, such as severance pay, except for benefits that are mandated by law, such as payment for accrued leave or the 13th-month pay, depending on the circumstances.

3. Disciplinary Action: Aside from termination, the employer may impose other disciplinary measures if the employee returns before termination proceedings are completed. This can include suspension or other penalties according to the company's code of conduct.

Requesting a Financial Settlement

An employee who has gone AWOL may request a financial settlement, but this request is not automatically granted and is subject to several considerations:

1. Voluntary Agreement: A financial settlement can only be granted if the employer agrees to it. The employer is under no legal obligation to provide a settlement simply because the employee requests it. Any settlement is typically a mutual agreement between both parties and can include terms that benefit the employer, such as the employee’s voluntary resignation.

2. Legal Claims: If the employee believes that their rights were violated prior to their AWOL status (e.g., unpaid wages, unfair labor practices), they might pursue legal claims through the Department of Labor and Employment (DOLE) or other legal channels. However, an AWOL status could weaken their position, depending on the circumstances.

3. Final Pay: Regardless of the AWOL status, the employee is entitled to their final pay, which includes any unpaid salary, pro-rated 13th-month pay, and unused leave credits. However, any other form of financial settlement is discretionary and typically involves negotiation.

Conclusion

Going AWOL has serious repercussions under Philippine labor law, often leading to termination and the forfeiture of certain benefits. While an employee may request a financial settlement, this is not guaranteed and is usually subject to negotiation. Employers are advised to follow due process when dealing with AWOL cases to avoid potential legal disputes.