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Legal Action about Abandonment of work or AWOL

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ZENY FRESNIDO


Arresto Menor
Sir , I have a problem regarding my staff they go to hongkong for a vacation but i was not inform , one of them file a vacation leave of one day but until now he did not come back, he leave on april 18, then 19 he did not come to work until now , and then last April 22 he email that
they encountered a couple of problem in hongkong it involves their passport , but that was the last time we communicate i answered but no reply until now, the company is now looking for them it is because their task is already affected .what will i do if until now i do not have any communication with them, can i email them to file an forced resignation it is because they are already awol


Thank you,
Zeny

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HrDude


Reclusion Perpetua
ZENY FRESNIDO wrote:Sir , I have a problem regarding my staff they go to hongkong for a vacation but i was not inform , one of them file a vacation leave of one day  but until now he did not come back, he leave on april 18, then 19 he did not come to work until now , and then last April 22 he email that
they encountered a couple of problem in hongkong it involves their passport ,  but that was the last time we communicate i answered but no reply until now, the company is now looking for them it is because their task is already affected .what will i do if until now i do not have any communication with them, can i email them to file an forced resignation it is because they are already awol


Thank you,
Zeny

NO, you cannot force them to resign. That would tantamount to 'constructive dismissal' and it is against the Labor Code.

The correct procedure in this situation is to send the employees Back-To-Work Notices and send them to their 'last-known addresses' (addresses of employees in their 201 files/records). Give them 5 days to explain or report back to work. If they fail to report for work or explain, you may terminate their services by reason of 'job Abandonment'. This is the due process required by law.

If they appear, issue them a Show-Cause memo and have them explain in 2 days. After which, you may sanction them based on the sanction suggested by your Code of Conduct. Definitely, you cannot terminate them if they appear or report back to work.

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ZENY FRESNIDO


Arresto Menor
Sir,
Thank you for this advise,I will follow on rule of due process.

Zeny

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