Dear Attorney,

I recently experienced an unexpected situation at a coffee shop where I had been working for several months. I was removed from my position because I was unable to report to work on certain days. The management did not give me any prior or formal notice before terminating my employment. Although I tried to explain why I missed those days, I feel that I was not given a proper chance to be heard.

I am concerned about whether my dismissal was fair and in accordance with Philippine labor laws. I want to understand my rights, my employer’s obligations, and what possible legal actions or remedies I might consider. Any guidance or advice on how to handle this situation would be greatly appreciated.

Sincerely,

A Coffee Lover Concerned About Workplace Rights

LEGAL ARTICLE ON PHILIPPINE LABOR LAW: WHAT YOU NEED TO KNOW ABOUT UNFAIR TERMINATION DUE TO ABSENCES

In the Philippines, employment relationships are primarily governed by the Labor Code and related statutes, regulations, and decisions promulgated by the Department of Labor and Employment (“DOLE”). If you have been terminated from a coffee shop, or any establishment for that matter, due to failure to report to work—especially without due notice or a fair hearing—there are several key aspects you should be aware of. This article discusses the relevant laws, the concept of just and authorized causes of termination, procedural due process, possible remedies for unfair dismissal, and practical steps you may consider in seeking recourse.

1. Overview of Employment Termination Under Philippine Law

Under the Labor Code of the Philippines, specifically Articles 297, 298, and 299 (previously Articles 282, 283, and 284), an employer may terminate an employee for either a just cause or an authorized cause:

Just Causes (Article 297): These are reasons attributable to an employee’s own wrongdoing, such as serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, or commission of a crime against the employer or a co-worker, among others.
Authorized Causes (Article 298 & 299): These refer to economic or business-related grounds, including installation of labor-saving devices, redundancy, retrenchment to prevent losses, closure or cessation of business, or disease/incapacity in certain limited instances.

When an employer cites failure to report to work or frequent absences as the ground for termination, it typically falls under either willful disobedience, gross and habitual neglect of duty, or a serious violation of company rules and regulations—if such violations are explicitly established in the employer’s policy. However, mere occasional absences, especially if justified, generally do not rise to the level of a “just cause.” The employer must prove that the absences were habitual, unauthorized, and detrimental to the operations of the business, or that the absences amounted to abandonment, which requires a showing of an employee’s intention not to return to work.

2. Due Process in Termination of Employment

Regardless of whether the ground cited is a just cause or an authorized cause, due process must be observed. The Supreme Court of the Philippines has consistently ruled that no employee shall be terminated without being afforded procedural due process. In the case of just causes, there are at least two notices required:

Notice to Explain (NTE) or Show-Cause Memorandum: This outlines the specific acts or omissions purportedly committed by the employee. The employee must be given a reasonable opportunity to respond to these allegations, typically within a prescribed period (e.g., 5 days), which allows the employee to prepare a defense and submit evidence or statements.
Notice of Decision: After evaluating the employee’s explanation, the employer must issue a second notice informing the employee of the penalty imposed, if any, and the reasons supporting it.

Failing to give these notices constitutes procedural infirmity and may, in some circumstances, render the dismissal illegal. In other words, even if there was a valid ground for termination, the employer’s non-compliance with procedural due process can still have legal consequences. If the coffee shop management did not afford you an opportunity to explain your absences, that may be a violation of your right to due process.

3. Valid Grounds vs. Arbitrary Dismissals

To justify a dismissal based on absences, an employer must show that the employee engaged in gross and habitual neglect of duty or that the employee violated an established and reasonable company rule. For instance, if an employee failed to report to work multiple times despite repeated warnings and without valid justification, the employer might be on solid footing to claim that the employee’s misconduct warrants termination.

On the other hand, if these absences were not chronic, were for valid reasons (such as medical issues or emergencies), or the employer never gave adequate warnings, the employer’s reliance on this cause may be unjust. Furthermore, “abandonment” as a basis for termination requires two elements:

The failure to report for work for an extended period.
A clear intention to sever the employer-employee relationship, as manifested by overt acts.

The second element (intention not to return) is crucial; an employee who merely failed to report to work for a short time, yet can show an intention to return (through phone calls, text messages, or attempts to explain absences), cannot be deemed to have abandoned their position. Termination premised on absenteeism must thus be carefully and thoroughly supported by the employer to be considered valid.

4. Remedies for Wrongful or Illegal Dismissal

If an employee believes they have been illegally dismissed, they may seek recourse through various means:

Filing a Complaint with the DOLE
- Under Department Order No. 151-16 or other related issuances, employees can initiate a process called the Single Entry Approach (SEnA), which aims to facilitate mediation and conciliation between the employer and the employee, hopefully leading to an amicable settlement.
Filing a Complaint with the National Labor Relations Commission (NLRC)
- If mediation fails, or if the employer refuses to cooperate, the employee may file a labor case with the Labor Arbiter of the NLRC. An illegal dismissal complaint typically includes demands for reinstatement, full back wages, damages, and attorney’s fees, where applicable.
Appeals and Further Litigation
- If the Labor Arbiter’s decision is unfavorable to one party, the case may be reviewed by the NLRC Commissioners, then potentially appealed further to the Court of Appeals, and ultimately to the Supreme Court of the Philippines, in rare cases. Litigation can be protracted, but the system ensures multiple levels of review to protect both parties’ rights.

5. Proving Your Case: Documentation and Evidence

In any labor dispute, documentation and evidence are crucial. If you were dismissed allegedly for absenteeism or for failing to report to work, you may want to gather:

Employment Records: Copies of your contract, company policies, handbook provisions regarding attendance requirements, notices of tardiness or absences, and any other related documents.
Attendance Logs or Timesheets: To refute the claim that you habitually failed to appear for work, you may present records of your presence. Also include any relevant leave forms or approvals from management.
Medical Certificates or Valid Explanations: If your absences were due to an illness or an emergency, secure the necessary supporting documents (e.g., hospital records, doctor’s certificates, or official notes).
Correspondence: Emails or text messages showing that you informed your supervisor or HR department about your inability to report. Evidence that you tried to return or clarify your situation may negate any claim of abandonment.
Witness Statements: Co-workers, supervisors, or managers with direct knowledge of the events may help prove whether you followed proper procedures or had legitimate reasons for your absences.

The more evidence you can present, the stronger your position. This body of proof is essential for refuting an employer’s argument that you were lawfully terminated for just cause.

6. Potential Damages and Entitlements

If an employee prevails in an illegal dismissal case, the typical awards include:

Reinstatement: The employee may be ordered returned to their former position without loss of seniority rights. If reinstatement is no longer feasible (due to strained relations or cessation of the company’s operations), the Labor Arbiter may award separation pay in lieu of reinstatement.
Full Back Wages: From the time of dismissal up to the finality of the decision. This can accumulate over the course of litigation.
Monetary Benefits: Depending on the length and nature of service, an employee may be entitled to 13th-month pay, service incentive leave pay, or other unpaid benefits, if any. The Labor Arbiter may include these in the computation of the total judgment.
Moral and Exemplary Damages: If the dismissal was effected in a manner that was oppressive or in bad faith, moral and exemplary damages may be granted. Attorney’s fees could likewise be awarded.

7. DOLE Procedures and the Single Entry Approach (SEnA)

Before filing a formal case with the NLRC, the DOLE encourages both parties to undergo the Single Entry Approach. This mandatory conciliation-mediation process is designed to address labor issues promptly, without incurring steep litigation costs. A DOLE-accredited officer will help both parties explore possible remedies or settlements. If a settlement is reached, the parties execute a compromise agreement that is legally binding. If no agreement is made, the employee may proceed to file a formal complaint with the NLRC.

8. Timely Filing and Prescriptive Periods

Under Philippine law, illegal dismissal claims generally must be filed within four (4) years from the date of dismissal. It is advisable, however, to take prompt action, as evidence may become difficult to preserve over time, and witness recollections may fade. Filing a complaint soon after the dismissal can strengthen your case as it demonstrates diligence in asserting your rights.

9. Consulting with a Lawyer

While employees can represent themselves before the Labor Arbiter or NLRC, it is often advantageous to consult with a lawyer who specializes in labor law. A legal professional can help you:

Draft your pleadings and position paper clearly and comprehensively.
Advise you on whether to settle, negotiate, or proceed to a full hearing.
Represent you in hearings and mandatory conferences before the Labor Arbiter or NLRC.

Given the complexities of labor law, expert counsel ensures you understand your rights, the strengths and weaknesses of your case, and the strategic considerations in seeking remedies.

10. Preventive Measures and Company Policies

For employees who remain with their respective companies (or for those who start new employment), it is good practice to:

Familiarize Yourself with Company Rules: Make sure you know the attendance rules, the procedure for filing leaves, and the communication protocols (e.g., call or text the supervisor, file an online or paper form).
Be Diligent in Documentation: Keep personal copies of your work schedule, daily time record (DTR), pay slips, and any disciplinary memos you receive. If you get sick or have an emergency, submit formal notice or medical certificates.
Maintain Open Communication: If you anticipate being absent, inform your employer early and provide the necessary documents. Avoid unexcused absences or tardiness to protect your employment.

11. Summary and Conclusion

Termination from a coffee shop or any other establishment due to non-attendance can be legal under certain circumstances. However, it must satisfy two fundamental conditions:

Substantive Aspect: The employer must prove that there is a just or authorized cause. In the case of alleged absenteeism, this usually requires proof of gross and habitual neglect of duty, abandonment, or a clear violation of a company policy.
Procedural Aspect: The employer must comply with due process requirements, typically requiring two notices and the opportunity to respond.

When these requirements are not met, the dismissal may be deemed illegal, and the employee would be entitled to reinstatement, back wages, and possibly damages. Therefore, if you suspect that your termination was not carried out in accordance with Philippine labor law, consider collecting all relevant evidence, consulting with a lawyer, and exploring available remedies through the DOLE, NLRC, or the court system.

Ultimately, understanding the law and taking timely, appropriate steps can protect an employee’s rights and provide the best chance for a fair resolution. If you feel that your termination was unjust or lacked proper procedure, do not hesitate to seek professional advice. Filipino workers benefit from strong labor protections, and upholding these standards is essential to ensuring fairness in the workplace.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For specific questions or individualized guidance regarding your particular situation, please consult a licensed attorney.