Dear Attorney,

I hope this message finds you well. I recently went on AWOL (Absent Without Official Leave) from my job due to personal reasons. I would like to know if there is anything that I am still entitled to receive from my employer, such as unpaid wages, benefits, or other compensation, even though I have not formally resigned. Could you help clarify what I can expect in terms of payments or claims as someone who has gone AWOL?

Sincerely,
A Concerned Employee

Insights

When an employee goes AWOL (Absent Without Official Leave), it creates a complex situation both for the employee and the employer. While employers are generally entitled to enforce policies that protect their interests, the employee's rights must also be carefully considered.

In the Philippines, when an employee is considered AWOL, several important factors come into play:

Unpaid Wages: An AWOL employee is entitled to receive any earned but unpaid wages for the work performed before their unauthorized absence. This includes any salary or overtime pay accrued up to the point of the absence. Employers are legally required to pay employees for all work rendered before going AWOL, as this is a matter of compliance with the Labor Code of the Philippines. Non-payment of earned wages could lead to legal claims for unpaid compensation.
Final Pay and Benefits: An AWOL employee may still be entitled to some forms of final pay or benefits. For example, if the employee has accrued unused leave credits, such as unused vacation or sick leave, and the company's policies or employment contract state that these credits are convertible to cash, the employee may claim these benefits. However, this will depend on the employer's internal policies and any collective bargaining agreements, if applicable.
Separation Pay: It is important to note that an AWOL employee is not typically entitled to separation pay unless there are special circumstances outlined in the employment contract or company policy. Separation pay is generally awarded only in cases of termination due to authorized causes such as redundancy, retrenchment, or closure of the business, and not for voluntary actions such as going AWOL.
Benefits and Entitlements: Regarding government-mandated benefits such as SSS, PhilHealth, and Pag-IBIG contributions, an AWOL employee may still be entitled to claim benefits that have already been accrued and paid. However, since these benefits are based on contributions, the employee’s eligibility for continued benefits may be affected by the cessation of contributions once they are no longer actively employed.
Company Property and Clearances: If the AWOL employee was issued company property (e.g., laptop, phone, or tools), they may be required to return these before any final pay or benefits are released. Some companies also require employees to complete exit clearances to facilitate the release of any remaining payments. Failure to comply may result in delays or deductions from the employee’s final pay.
Potential Disciplinary Action: It's essential to understand that going AWOL can be considered a violation of company policy and may subject the employee to disciplinary action, including termination for just cause. Employers are within their rights to file for termination if an employee fails to return to work without proper notice. This could affect the employee's standing in future employment and the ability to receive a Certificate of Employment.
Legal Recourse: If there are disputes regarding unpaid wages or benefits, an AWOL employee may seek redress through the National Labor Relations Commission (NLRC) or the Department of Labor and Employment (DOLE). However, since the employee went AWOL, they may face difficulty in asserting claims beyond earned wages and final pay.

In conclusion, while going AWOL puts an employee in a precarious position, they are still entitled to any wages earned and certain benefits accrued prior to the absence. It is advisable for the employee to communicate with the employer and settle any outstanding obligations or disputes to avoid complications. Consulting a lawyer is recommended if any legal actions are considered.