Dear Attorney,
I am currently serving my resignation notice period but facing issues with my employer. They are not allowing me to use my remaining leave benefits to offset my remaining 30 days of notice period. Additionally, they have issued me a notice to explain my absences. Is this allowed under Philippine labor laws? Can they also monitor my social media and use posts against me in this situation? I am seeking legal guidance on whether these actions are permissible and how I should proceed.
Sincerely,
Concerned Employee
Insights
In the Philippines, the legal concept that applies here is rooted in labor law, particularly concerning resignation notice periods, leave benefits, and employer monitoring of employees' personal social media accounts. Below are the key points to consider:
Resignation Notice and Leave Benefits
Under the Labor Code of the Philippines, an employee is required to provide their employer with at least a 30-day written notice prior to resigning (Article 285 of the Labor Code). However, the use of accrued leave benefits to offset the notice period is not an automatic right unless stipulated in the employment contract, company policy, or a collective bargaining agreement. If an employer’s internal policy allows the use of leave credits for such purposes, it may be granted; otherwise, the employer can insist on completing the full 30-day period. Employers can deny requests to use leaves to offset the notice period at their discretion unless there are provisions mandating it.Absences and Termination
If an employee fails to complete the notice period or is absent without prior approval, an employer can issue a Notice to Explain (NTE), a formal document requiring the employee to justify the absences. The employer may consider absences as grounds for termination if it qualifies as abandonment of duty, which is characterized by the absence of a valid reason for being absent and the employee's apparent intent not to return to work. However, an employer must follow due process before terminating an employee, which includes issuing a notice to explain and conducting an investigation to determine if the employee is guilty of misconduct.Social Media Monitoring
Employers have the right to monitor employee behavior, particularly if it affects work performance. However, using social media posts as evidence to justify disciplinary action must be carefully weighed. While posts on social media can be considered public information, employers must still respect employees’ privacy rights as outlined in the Data Privacy Act of 2012. Using such evidence for termination or disciplinary action can be valid if it directly impacts the employer’s legitimate business interests and is not an arbitrary invasion of privacy. For instance, if an employee claims sick leave but is found to be engaging in recreational activities via social media, the employer may have grounds for questioning the authenticity of the leave.
In summary, employees should be mindful of their employment contracts and company policies regarding resignation notice periods and leave usage. Employers must also ensure that any actions taken, such as issuing notices for absences or using social media as evidence, follow proper procedures and respect the employee's rights.