Dear Attorney,

I left my company without submitting a formal resignation. Initially, I informed my employer that I was taking a two-week leave to attend to family matters. However, I did not return to work after the leave, and I am now unsure of my current employment status with the company. Could this situation lead to legal consequences, and how should I proceed moving forward?

Sincerely,
Concerned Employee

Insights:

In the Philippines, employment relationships are governed by the Labor Code, which outlines both the rights and responsibilities of employees and employers. In this situation, there are a few key points to consider.

Abandonment of Work
When an employee fails to return to work after an extended period without notifying the employer, the situation could be interpreted as abandonment of work. However, for abandonment to be validly claimed by an employer, it must meet two conditions:
- The employee must have been absent without a valid reason for a prolonged period.
- The employee's actions must show an intention to sever the employer-employee relationship.
In your case, since you initially communicated that you would be on a two-week leave, this helps demonstrate that there was no immediate intention to abandon your position. Nonetheless, prolonged absence without further communication may be construed otherwise.
Constructive Resignation
If your employer assumes that you have resigned, they may consider your failure to return to work as a form of constructive resignation. Unlike voluntary resignation, where an employee formally submits notice, constructive resignation occurs when an employee's behavior indicates a disinterest in continuing employment. While this is not explicitly provided for in the Labor Code, case law supports this interpretation.
Consequences of Unofficial Separation from Employment
If your employer interprets your extended leave as abandonment or resignation, they might proceed with terminating your employment. This could impact your ability to claim any separation benefits or unpaid wages. Additionally, failure to formally resign could affect your work history, making it difficult to secure employment certifications or references in the future.
Steps Moving Forward
To resolve this issue, you can take the following actions:
- Contact your employer: Reach out to your employer as soon as possible to clarify your employment status and explain your extended absence. It’s important to communicate your intent, whether to continue your employment or to resign officially.
- Submit a formal resignation letter (if you intend to resign): A written resignation, even if submitted after an extended absence, can help formalize the end of your employment and avoid any misunderstandings or potential disputes.
- Review company policies: Check your company’s internal policies regarding resignation and leave, as some companies have specific protocols in place for these situations.

While this situation may not lead to immediate legal consequences, especially if no formal disciplinary action has been taken, it is advisable to address the issue promptly to avoid complications such as claims of abandonment or disputes over final pay.