Dear Attorney,

I am writing to seek your legal advice regarding my employment situation. I was under a contract that was set to end on July 25, 2024, but I went on absence without official leave (AWOL) starting August 2, 2024. Given this, I am unsure if I am still entitled to receive my Certificate of Employment (COE) and my last pay. Could you provide guidance on whether my AWOL status affects my rights to claim these?

Sincerely,
An Employee Concerned About Contractual Obligations

Insights

In your case, being on AWOL (absence without official leave) does impact certain rights, but it does not automatically disqualify you from receiving all employment-related benefits. Let’s break down the implications of your situation based on Philippine labor law.

Certificate of Employment (COE):
A COE is a document that reflects the duration of your employment and the nature of the work performed. According to the Department of Labor and Employment (DOLE), an employee is entitled to a COE upon request, regardless of how the employment relationship ended—whether by resignation, termination, or in your case, AWOL. Therefore, your employer is still obligated to provide you with a COE. However, it may include a note on the reason for separation (e.g., AWOL), as employers are required to provide factual information in the COE.
Last Pay:
Your last pay typically includes any unpaid salaries, pro-rated 13th-month pay, unused vacation leaves (if convertible to cash), and other final wage settlements. Going AWOL does not strip you of your entitlement to your last pay for the days you rendered service before your absence. However, it is crucial to note that employers may deduct amounts if there are debts or liabilities you owe to the company, such as cash advances or unreturned company property. These deductions must be legal and should follow due process.
Legal Considerations for AWOL:
While AWOL can be considered a violation of the employer's rules and policies, this does not invalidate the employer’s duty to pay what is due to you. AWOL may result in disciplinary action, and depending on your company’s policies, it could lead to termination for cause. This is why it’s essential to review the terms of your employment contract and the company handbook, if available.
Filing for Claims:
If your employer withholds your COE or last pay without proper justification, you may file a complaint with DOLE. DOLE typically assists in ensuring employees receive their final pay and proper documentation, including the COE. You can also file a claim for unpaid wages and benefits through the DOLE’s Single Entry Approach (SEnA) to resolve the issue without going through a lengthy litigation process.

In conclusion, you are entitled to your COE and last pay, but there may be conditions or legal steps to take depending on how your employer responds to your request. I recommend formally writing to your employer requesting these documents and payments before escalating the matter to the appropriate authorities.