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Legal Action for AWOL

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1 Legal Action for AWOL on Sat Feb 11, 2012 8:46 pm

raptor06


Arresto Menor
Hello Atty,

what legal action can a company file against you if you go AWOL because they won't accept your immediate resignation?

i need to immediately resign because my student visa was approved quite late and i had to fly to australia ASAP because my classes are about to start, can they make me come back to the philippines by notifying the australian embassy that they will file a legal case?

my boss told me to just ignore the letters that will come from the company, what should i do?

Thanks

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2 Re: Legal Action for AWOL on Sun Feb 12, 2012 10:21 am

attyLLL


moderator
you are supposed to render 30 day notice and failing to do so, the company is entitled to damages. however, it can only be a collection case and it is unlikely their reach will get you in australia.


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3 Re: Legal Action for AWOL on Sun Feb 12, 2012 6:13 pm

raptor06


Arresto Menor
Thanks Atty

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4 Re: Legal Action for AWOL on Tue Jun 19, 2012 6:53 pm

evilciao


Arresto Menor
hi sir
ano po ba ang mangyayari kapag nagfile ng AWOL yung company sa DOLE, what are the damages for me. yun po ung nkalagay sa letter nila.

Kasi pumirma ako ng contract tapos pumasok lng ako ng 2 days tapos di ako pumasok. Sinabi ko sa knila pero di ako nagresign.

anu po ba ang mangyayari

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5 Re: Legal Action for AWOL on Wed Jun 20, 2012 6:26 am

tetey24


Arresto Menor
Hi Atty,

I have the same case with "raptor06" I filed a immediate resignation but my company told me I need to render 30 days for it. I tried complying and was able to report for work for a few days.. With my tight sched (I'm in the process of establishing my own small business), I really can't complete their 30 days requirement, so I spoke to my boss and HR and asked them if they can allow me not to report back anymore and just complete my clearance. They denied my request and told me if I will not report back to work until the agreed date, they will mark me as AWOL or will be terminated.

How will this affect me? I was just planning to concentrate on my business for a few months then get back to work again in the future.

I really appreciate you advice and thanks so much in advance.

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6 Re: Legal Action for AWOL on Wed Jun 20, 2012 10:09 am

evilciao


Arresto Menor
eto ung part lang nung letter
*
This is to inform you that you have been AWOL for five (5) days.

In view of the above, you are advised to report for duty IMEDIATELY, or not later than *date*, in order to preserve your post.

If in any case you are not interested to report, please find time to file your RESIGNATION L etteron or before *date*, or *Company* office will file Absent Without Official Leave (AWOL) to Department of Labor and Employment (DOLE).

Failure to comlpy within the stipulated time, will be considered TERMINATION of contract ...*

mahigit 1 month na nakaklipas nun bago sila gumawa ng letter na 5 days ako nag awol (ayon sa date sa sulat), tapos mahigit isang buwan ko naman bago ko nareceive yung sulat (base sa date sa sulat), regular mail ang ginamit. So kahit anung gawin ko di ako makakcomply sa sulat kasi super late.
So all in all mga 2 and a half months na simula ng ma tanggap at di pumasok

*kung makapagfile nga sila gaano katagal ko bago malaman, paano po ba ang procedure nun?
...super stress. ^_^ need help

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7 Re: Legal Action for AWOL on Thu Jun 21, 2012 7:32 pm

attyLLL


moderator
tetey, if you need a certificate of employment from them in the future it will be difficult

evil, to claim damages from you, they have to file it in court not dole, and it is very unlikely they will


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8 Re: Legal Action for AWOL on Thu Jun 21, 2012 10:45 pm

tetey24


Arresto Menor
Thanks for the advice attyLLL!

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9 Re: Legal Action for AWOL on Sat Jun 23, 2012 9:38 am

evilciao


Arresto Menor
thanks sir,
that's what they say in the letter, so I thought they will, and I hope they will not even in court.

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10 Re: Legal Action for AWOL on Sat Jun 23, 2012 4:11 pm

evilciao


Arresto Menor
attyLLL wrote:

evil, to claim damages from you, they have to file it in court not dole, and it is very unlikely they will

what do you mean sir by unlikely? they will file against me? or not?

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11 Re: Legal Action for AWOL on Sun Jun 24, 2012 7:41 am

attyLLL


moderator
that's totally up to them. i am only speculating and my opinion is that it is unlikely that they will.


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12 Re: Legal Action for AWOL on Sun Jun 24, 2012 2:45 pm

evilciao


Arresto Menor
ah your opinion is - they wont.

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13 Re: Legal Action for AWOL on Sun Sep 09, 2012 12:05 am

pik


Arresto Menor
hi atty. ive been working to a company for 2 and half yrs. under an agency, tinanggal po sa trabaho w/out prior notice, and declared me as awol,opo may time na di ko nakakapasok due to some reason and hindi ko po na inform superior ko, and besyds that in long yrs. working on that co. wala po ko pinirmahan na contract sa agency eversince.. will i still get my back pay..pls help po..

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14 Re: Legal Action for AWOL on Sat Jan 19, 2013 12:11 pm

Life is Beautiful


Arresto Menor
Hi, Atty. I am working in the Government (police) and was like a week absent now in my work and planning not to report anymore. Though my superior doesn't know my plans but I'm sure that they gonna file an AWOL for my case soon. Now, I have several interviews with the Private companies and my worries are the length of processing AWOL case to someone, and the complication of tracing my previous employer through the PAGIBIG, Philhealth, etc. I need not to declare that I joined the Govt in like 1 1/2yr because of indirectly correlations of the nature of the jobs. I am feeling also that maybe in 2-3 weeks time I could get in to any of these companies and minding the dilemma on the "contributions" thing of PAGIBG, Philhealth, etc. Could you give me an insight for what I should do. And may I ask if how long will it take to effect the AWOL thing or being terminated with that case. THNAK YOU SO MUCH

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15 Re: Legal Action for AWOL on Fri Jan 25, 2013 1:48 pm

rickyjose69


Arresto Menor
Atty: when can you file an employee is AWOL? how many days not reporting to work w/o notice to employer? If terminated will the employee(regular) receive any compensation from employer? AWOL can be classified as negligence and abandonment of duties... An employee been absent w/o notice for 15 days and when sent a letter from employer for explanation why he should not be terminated he filed a case in DOLE for illegal dismissal????

Please help...

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16 Re: Legal Action for AWOL on Fri Jan 25, 2013 1:52 pm

rickyjose69


Arresto Menor
Atty: Is AWOL or Abandonment of duties be classified or fall to Serious Misconduct?

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17 Re: Legal Action for AWOL on Sat Jan 26, 2013 9:11 pm

attyLLL


moderator
yes


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18 awol on Mon Feb 18, 2013 11:31 pm

adrianne1986


Arresto Menor
hi atty,

tanong q lng po, kinasuhan po kc q ng boss q ng awol. 5days aqng absent dhil ngkasit aq... pro ng nonotify po q evryday at my med. cert po qng bngay... tama po b un? tska pinirmahan po ng hr my admin hearing po q at ang grounds ay dismissal? ano po ba pwede qng gwin? my laban po b q pgngfile aq s labor ng case??

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19 Re: Legal Action for AWOL on Tue Feb 19, 2013 9:33 am

Patok


Reclusion Perpetua
if you have a valid reason, they can not dismiss you, you can file a case of illegal dismissal sa NLRC.

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20 Re: Legal Action for AWOL on Tue Feb 19, 2013 6:59 pm

attyLLL


moderator
make sure you have a medical certificate and a written explanation.


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21 Re: Legal Action for AWOL on Tue Feb 19, 2013 11:59 pm

adrianne1986


Arresto Menor

5 days po q absent, pro 2matawag po evryday pra iinform cla n im still sick. pgbalik q nung feb. 12 2013, kinausap lng aq ng tl q, bngay q ung med cert.
pro nung feb. 15 2013, awol nq... im so mentally stressed n po s ngyayari...

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22 Re: Legal Action for AWOL on Wed Feb 20, 2013 10:35 am

Patok


Reclusion Perpetua
bumalik ka nang feb. 12 after mo mag AWOL for 5 days? tapos Feb. 15 nag AWOL ka ulit?

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23 Re: Legal Action for AWOL on Wed Feb 20, 2013 6:58 pm

attyLLL


moderator
if you want to save your job, you have to go to work.


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24 Re: Legal Action for AWOL on Fri Feb 22, 2013 4:54 pm

adrianne1986


Arresto Menor
Patok wrote:bumalik ka nang feb. 12 after mo mag AWOL for 5 days? tapos Feb. 15 nag AWOL ka ulit?
***

bli 5days aqng absent pro 2mtawag aq evrynight s company pra iinform naabsent aq... pgblik q ng feb.12, my medcert
n qng dla at ngwork n ulit aq.. pro nung feb.15, tinag n awol ung 5 days n wla aq... tpos dnismiss n nla q nung feb.20??/

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25 Re: Legal Action for AWOL on Sat Feb 23, 2013 4:40 pm

attyLLL


moderator
i see, imo, that's unduly harsh. if you wish to question your termination, your remedy is to file a complaint at nlrc.


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26 Re: Legal Action for AWOL Today at 8:19 pm

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