Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

AWOL OR SUBORDINATION

Go down  Message [Page 1 of 1]

1 AWOL OR SUBORDINATION on Wed Dec 27, 2017 8:24 am

woman's power


Arresto Menor
A friend of mine will go to her province this coming Saturday . She can't easily go back here in Cebu so she asked permission to be absent this coming Tuesday since we don't have work this coming January 1 . However, the company won't consider her reason , they said it is subordination already . They said that she will be AWOL if she will be absent this coming Tuesday because there's a long holiday. It is not her intention to be absent on the said day ,but Dapitan is far from Cebu and it is New year too, so it will be a very busy day and traffic jams are all over. What should my friend do ? she wants her job badly . My friend asked if ever she's AWOL, can she get her salary ? but admins said that she can't . She is a regular employee already . Please help my friend. Thank you !

View user profile

2 Re: AWOL OR SUBORDINATION on Wed Dec 27, 2017 10:00 am

mikos23

avatar
Reclusion Perpetua
I suggest that your friend go back to Cebu on January 1 or earlier so she can report back to work on January 2

View user profile

3 Re: AWOL OR SUBORDINATION on Wed Dec 27, 2017 5:56 pm

woman's power


Arresto Menor
Hi Mikos! Thank you so much for the quick response. There is no available tickets on January 1st. She inquires every shipping companies( correct me if I am wrong )but they are all sold out. My friend will just take a ship than plane. Plane ticket is very expensive because it is holiday. She will arrive in Dapitan on December 31( Sunday ) and will bound in Cebu on January 2 . It takes 12-15 hours to travel from Dapitan to Cebu . So she decided to go back on January 3. If ever Sir Mikos, why do they have to say that it is Awol /SUBORDINATION?She wants to go back but the company won't allow it if she will go back on January 3 . She asked if ever it turns like this ( AWOL ) , she asked if she can get her salary from December 16-30(including Saturdays ) and her part time pay from Dec 1 -30(21 days - 6 hours a day ). They said that she can't get it . It is not her intention to resign but it seems like they want her to do it ( AWOL ) just because of the said incident . Please enlighten her mind Sir Mikos . Thank you so much .

View user profile

4 Re: AWOL OR SUBORDINATION on Wed Dec 27, 2017 9:49 pm

lukekyle


Reclusion Perpetua
they should give her salary but they have grounds to charge her with insubordination. if she really wants this job then go back now and be sure to be there by january 2. they dont need to make her resign since insubordination is grounds for termination

View user profile

5 Re: AWOL OR SUBORDINATION on Thu Dec 28, 2017 6:03 am

woman's power


Arresto Menor
Thank you for clearing up her mind . But Sir Mikos , all tickets for January 1ST are all sold out . So she needs to bound from Dapitan on Jan 2 (It takes 12-15 hours ) so she can actually attend her duty on January 3 but not on Jan 2nd. It is not her intention not to go back but ,she couldn't find any way . It is only 1 day . She accepts any kind of penalty but not awol or termination. Can you help her with this ? She is very stress now sir knowing that finding jobs aren't easy . I am so sorry sir , I maybe annoying because I always insists her situation but why can't they understand her situation ? It is only 1 day and she is regular already . It is not part pf the contract also . This will be the last Sir Mikos. Your response is a very big help. God bless you always Sir ! ☻

View user profile

6 Re: AWOL OR SUBORDINATION on Thu Dec 28, 2017 8:08 am

mikos23

avatar
Reclusion Perpetua
"Seek first to understand then to be understood"

First, a company is a business. it is made for the profit of the owners. it is not a charity or foundation where is gives away freebies (in cash or in kind). employee and employers is a give and take relationship. for the company, the company give you salary in exchange for your services. the company expect you to work on a schedule that they set, and in this case Jan 2.

Next is on Leave and AWOL. Leave credit is a benefit, where employees get paid for taking leave. But... taking leave is a privilege and not a right. Why is it a privilege and not a right? It’s because kailangan approve or pinayagan ang leave otherwise, AWOL (Some may argue on this point). AWOL is Absent Without Official Leave – meaning pag leave na di pinayagan, pag absent ng walang pangalan. In short... dapat may document ka na approved ang pag leave mo (Signed na approved leave form). Here are scenarios of vacation leaves and AWOLs
• Leave filed ahead of time (with leave form), approved by superior (form signed), employee took the vacation leave = valid/authorized leave
• Leave filed ahead of time (with leave form), not approved by superior (form not signed), employee took the vacation leave = not valid/authorized leave, AWOL
• Leave filed ahead of time (verbally), approved by superior (verbally), employee took the vacation leave = not valid until submission of leave form. AWOL unless documented proof shown that leave is approved.

So to avoid being “AWOL” either 1) have the immediate superior approve the leave, 2) come back early or 3) do not take the vacation leave at all.

Regarding termination: if the employer filed a case for 1 day of AWOL, it is probably not enough to be terminated but.. if the employer filed a case against the employee for “INSUBORDINATION”, then there is a probability that the employee will be terminated.

Now, tell your friend that for every decision that we make, there is an equivalent consequences, whether good or bad. After explaining this to your friend, it’s time for her to decide, what is more important, does she really love her job that much or doe she love going on vacation. Either one have a consequences that will affect her job or her family. Choose wisely.

Hope this helps,

View user profile

7 Re: AWOL OR SUBORDINATION on Thu Dec 28, 2017 9:49 am

woman's power


Arresto Menor
Thank you so much Sir Mikos ! More power to you and Happy New Year in advance . ^^

View user profile

Sponsored content


Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum