Dear Attorney,

I am writing to ask for your legal guidance regarding my employment situation. I signed a contract with my employer, which was set to last until July 25, 2024. However, I went absent without official leave (AWOL) starting August 2, 2024. Given my circumstances, I would like to know if I am still entitled to receive my Certificate of Employment (COE) and the last pay for the days I worked before going AWOL. Could you please clarify my rights regarding this matter?

Sincerely,
A Concerned Employee

Insights

In the Philippines, the issue of whether an employee who goes AWOL (absent without official leave) is entitled to a Certificate of Employment (COE) and last pay involves certain legal and contractual principles.

Certificate of Employment (COE)
According to the Department of Labor and Employment (DOLE), an employer is legally obligated to issue a COE upon an employee’s request, regardless of the reason for separation from the company. Even if you went AWOL, the COE is meant to reflect your actual period of employment and position with the company. The employer cannot withhold your COE as it serves only as a record of employment and does not signify the manner of separation or performance during employment. Therefore, despite going AWOL, you are still entitled to receive a COE that will indicate the duration and nature of your employment.
Last Pay
Your entitlement to your last pay, which includes any unpaid wages, prorated 13th-month pay, or other earned benefits, is another matter. Under Philippine labor laws, specifically Article 116 of the Labor Code, all wages earned by an employee should be paid to them. This includes any compensation you earned before your AWOL. The employer cannot withhold payment for work you have already rendered, even if you failed to comply with the resignation process. However, your employer has the right to deduct from your final pay any valid liabilities you may have, such as unpaid loans, advances, or damages you may have caused to the company’s property (if properly documented).

It is worth noting that your employer may refuse to give you any form of separation pay (if applicable) as a consequence of your AWOL status. Separation pay is generally provided under specific circumstances, such as retrenchment or redundancy, and is not typically given to employees who voluntarily abandon their work or are terminated due to AWOL.

Consequences of AWOL
Going AWOL is considered a violation of company policy and can be grounds for termination. It could also tarnish your employment record, particularly if your new prospective employers request references from your previous employer. While the law provides protections for employees, companies also have the right to enforce disciplinary measures in accordance with their internal policies, which could impact your ability to obtain a good reference.

In summary, you are entitled to both your Certificate of Employment and any last pay for the work rendered before you went AWOL. However, your employer may exercise their rights to deduct any liabilities you owe or take other disciplinary actions, such as termination, based on company policy.