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AWOL/Serious Misconduct

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1 AWOL/Serious Misconduct on Tue Oct 13, 2015 2:50 pm

Savoirfaire


Arresto Menor
Hi Atty, I have a staff who was absent for 3 days for being sick but we later found out from his wife that he was lying to us. He wasn't sick but he was out with his friends. And his wife informed us that his husband is not coming to work ever again. We were shocked and understaffed. He submitted his resignation few days after being informed by wife. Does his action be considered as Serious Misconduct and AWOL? Is he still entitled to receive 13th month pay and separation pay?

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2 Re: AWOL/Serious Misconduct on Tue Oct 13, 2015 5:28 pm

council


Reclusion Perpetua
Savoirfaire wrote:Hi Atty, I have a staff who was absent for 3 days for being sick but we later found out from his wife that he was lying to us. He wasn't sick but he was out with his friends.  And his wife informed us that his husband is not coming to work ever again. We were shocked and understaffed.  He submitted his resignation few days after being informed by wife. Does his action be considered as Serious Misconduct and AWOL? Is he still entitled to receive 13th month pay and separation pay?

Serious misconduct and AWOL - yes.

13th month pay - yes.

Separation pay - depends on company policy.

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3 Re: AWOL/Serious Misconduct on Tue Oct 13, 2015 5:59 pm

Savoirfaire


Arresto Menor
Thank you for your advice, Atty.

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4 Re: AWOL/Serious Misconduct on Mon Oct 26, 2015 8:20 am

HrDude


Reclusion Perpetua
I beg to differ. If the resignation letter was duly-accepted and approved by the management, he can no longer be sanctioned as he is no longer an employee of the company. If the resignation was not approved, the company can proceed with the usual process of handling disciplinary cases.

13th month pay - yes (pro-rated amount)

Separation pay - yes (depending on company policy and/or CBA)

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5 Re: AWOL/Serious Misconduct Today at 11:31 pm

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