Is an Employee Entitled to Separation Pay Despite Being Absent Without Leave (AWOL) for 2 to 3 Months in the Philippines?

Question:

An employee has not reported to work for 2 to 3 months and is considered Absent Without Leave (AWOL). Is the employee entitled to separation pay under Philippine law?

Answer:

Definition of AWOL and Termination

An employee is considered Absent Without Leave (AWOL) when he or she is absent from work without informing the employer and without a valid reason for an extended period. Being AWOL can be a ground for just termination under the Labor Code of the Philippines.

Right to Due Process

Before terminating an employee for being AWOL, the employer is generally required to observe due process, which involves sending notices to the employee and conducting a hearing or conference.

Separation Pay and AWOL

Under Philippine law, separation pay is generally granted to employees who are terminated due to authorized causes like redundancy, retrenchment to prevent losses, or closure of business. An employee who is terminated for just causes, such as gross misconduct or willful disobedience, typically does not have the right to separation pay.

In the case of an employee being AWOL for an extended period, the act often constitutes a just cause for termination, disqualifying the employee from receiving separation pay.

Exceptional Cases

There are some exceptional cases where the courts have awarded separation pay as a form of "social justice." However, these are often rare and based on specific circumstances, such as long tenure or evidence of good faith.

Summary

If an employee has been AWOL for 2 to 3 months, he or she is generally not entitled to separation pay upon termination under Philippine law. Being AWOL is commonly considered a just cause for termination, which disqualifies the employee from receiving this benefit. However, exceptional cases may exist based on specific circumstances.

Note: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice tailored to your individual situation.