Legal Action for AWOL

Azia27 wrote: Also not stated in the contract that I should render 30 days.

what I told the agency is that , just let me go and I will still be rendering hours/days here without pay just let me leave the company.

what should I do.?

Thanks

The 30-day notice is required by law - not necessary to be included in the contract.

pero nakikipag compromise ako na payagan nila akong lumipat at willing pa din naman ako magrender ng days ditto sa current work ko kahit without pay, until such time na magkaron na ng kapalit.

saying kasi yung offer na for regular position, better compensation and benefits.

nasa labor code po ba naten ang 30 days notice?
ang sabi daw po ng company sa agency ko ay magbigay lang sila ng kapalit ko, so meaning naka-hang kung inaccept nila or not ang resignation letter ko po?

Azia27 wrote:pero nakikipag compromise ako na payagan nila akong lumipat at willing pa din naman ako magrender ng days ditto sa current work ko kahit without pay, until such time na magkaron na ng kapalit.

saying kasi yung offer na for regular position, better compensation and benefits.

nasa labor code po ba naten ang 30 days notice?
ang sabi daw po ng company sa agency ko ay magbigay lang sila ng kapalit ko, so meaning naka-hang kung inaccept nila or not ang resignation letter ko po?

If wala sa contract, as long as magbigay ka ng 30 days notice wala na silang habol sayo.

Yes nasa labor code ang 30 days notice but pwedeng i-waive ng employer if gusto nila

what if. patapos na contract ko in less than a month since hindi ko agad napansin sa contract then nag submit ako ng Letter na hindi namagreRENEW.
-Am I supposed to rendered 30 days still? or given the fact na end-of-contract so no need to render another 30 days after end-of-contract?

lukekyle wrote:

ms.piggy wrote:Hi po! I just need an advice for my brother. My brother is currently working as a senior safety engineer in a construction private company. His work is far away from us and we didn't see him for almost a year now. He's been working without day off because he has plans to save it for my graduation day and for our parents anniversary (MAY2016). Now that both events are near, despite that their project will ends in AUG2016, he passed a leave request to his boss because he wants to have a vacation and to be in my graduation day and our parents 25th wedding anniversary. He makes 4th attempts but his boss did not approved it. For the last attempt he passed again a leave request and now waiting for the boss decision. If it will be rejected again, my brother plans to have an AWOL. He don't want to leave his company or resign, he just don't have a choice. He is planning to have a 1 week vacation and will return to the company after that. Do you think its ok if he do the AWOL thing? I really need an advice. Im in a dilemma right now because its either we can be with him in the special day of my parents and my life or he will be unemployed when he return. Do you think this AWOL can really affect his job? Thank you!

Since na reject na yung application for leave nya if you pursue this course of action pwede syang kasuhan ng insubordination.  That can be grounds for termination

Hi sir. salamat po sa respond. So kahit may 3 years contract po xia dun sa company posibleng materminate xia bage po ginawa nya yon? kasi 1 year plang po sia dun sa work nya. At kung mateterminate man po siya, hindi po nya mkukuha yung certificates nung nagtraining xia pati backpay po?

It's my fault for being totally clueless about this. I was given a memo for AWOL after failing to inform my superiors that I would be unable to report to work due to a family affair.

I signed the memo thinking that it was a LWOP (Leave Without Pay) since when explained to me that was pretty much the gist of what the HR was saying to me. I didn't have a clue what the real implications were since no one really informed me about it until I talked to a friend about it.

Can I really be charged with AWOL after just one day of absence?
I did all my work; I had no work pending for that day and I was already present the following days and managed to pass all my requirements and more (even did the work of someone else in the office for a week since she was sick).

Hope you can help bring to light all the implications of this memo and how I should address this. I've been in the company for 1 year and 2 months now and I don't want to waste that.

Thank you in advance.

Regards,
Clueless employee

Hi po...need advice...im signing a memorandum of agreement sa past company (government) ko from march 15,2016 until december 2016 ung agreement dun...at ngaun nagpasa ako ng resignation letter sa hr sa personnel at head ko to inform na magresign na ako at kung pwede as soon as possible... Kc may bagong oppurtunity sa ibang company na nakita ko....pero hindi pa ako nag perma ng contract sa new employer kc magpaalam pa ako sa past employer ko....my head said i am free to exit now and got clearance but he will not sign my clearance...kc po nalaman ng head ko na nag apply ako sa ibang company at hinihintay nlng ako dun para magperma ng contrata...ngaun hindi ko na inasikasu ang clearance ko kc hindi rin naman pepirmahan ng head ko...pero tinawagan ako ng kaibigan ko na may letter daw ako na magcontinue ng work sa past company ko kc hindi inapprove ung resignation ko...anu po ba ang dapat kung gawin para matapos na ang conection ko sa past comp ko at makasimula na ako sa bagong employer ko..anu ba ang kaso nila sa akin...
Maraming salamat...

Azia27 wrote:what if. patapos na contract ko in less than a month since hindi ko agad napansin sa contract then nag submit ako ng Letter na hindi namagreRENEW.
 -Am I supposed to rendered  30 days still? or given the fact na end-of-contract so no need to render another 30 days after end-of-contract?

No need. Just inform them that you wont be renewing

AGNES088,
The company will not terminate your employment based on that single infraction. Yes, you may be cited and given a DA, which is only right. BUT it must be done correctly, and with due process. They would not want this to get out of hand of course. Simply put, you probably wouldn't lose your job over this one incident.
Now, if you have been repeatedly doing it, and cited cople of times within the course of 14 months, that's a different thing.
I hope it works out for you. I get the impression that you value your job, or WORK for that matter, so just do your best and follow the manual or SOPs.

hi all,

kindly help me interprete the below statement

"you were allowed for 2 weeks notice but somehow unacceptable".

i signed a contact that if I go AWOL i should be liable for 100k for damges.

thanks.

pls put into context. Ano yan memo? Could you also put more details? Hindi complete yung sentence

Sir gud pm po..tnong lng po 10 yrs po kc regular ung aswa ko s cmpny kso po na awol xa..pde p po b un mhbol?o kng d nmn po,my mkukuha p po b xa?psgot nmn po..salamat..

iormayden wrote:Sir gud pm po..tnong lng po 10 yrs po kc regular ung aswa ko s cmpny kso po na awol xa..pde p po b un mhbol?o kng d nmn po,my mkukuha p po b xa?psgot nmn po..salamat..

dapat magpunta sya sa kumpanya at kausapin sila.

Good afternoon pu, after my 30 days resignation has been accepted, after i serve the last 30 days, can the company still sue me for breach of contract dahil hinde aku nakahanap nang kapalit and i did not train replacement for 30 days? If they can sue me, what will it be for and how much would it possibly be?
thanx.

Kuyaez wrote:Good afternoon pu, after my 30 days resignation has been accepted, after i serve the last 30 days, can the company still sue me for breach of contract dahil hinde aku nakahanap nang kapalit and i did not train replacement for 30 days? If they can sue me, what will it be for and how much would it possibly be?
thanx.

YES, they can sue you but they don't have a cause of action. As such, their case will be dismissed.

It is not you who has the duty to find and train your replacement. This is the duty of the management already.

They claim that it is in the contract that i have to train a replacement for 30 days after i find one, but i don't remember it being in the contract and they never gave me a copy of the contract.

Kuyaez wrote:They claim that it is in the contract that i have to train a replacement for 30 days after i find one, but i don't remember it being in the contract and they never gave me a copy of the contract.

It does not mean that if it is included in the contract, it is automatically enforceable. This is still subject to exceptions. If the provisions of the contract is illegal, against public law and/or morals, etc, such provisions or the entire contract can be deemed unenforceable.

What if you or your employer has not found your replacement for 5 years. Does that mean you are bound to stay for the company that long after rendering the 30-day period? You have the duty to train your replacement only in your 30-day turnover period. Beyond that, no more.

I am 4 days hired now and i didn't like the job i have now i am planning to AWOL since i haven't signed the contract yet because the hr assigned for the contracts are on leave in four days i am just waiting for her to get my contract signed but i dont want to stay anymore. is it okay for me to awol? what can be my possible problems if i awol? thank you

I am 4 days hired now and i didn't like the job i have now i am planning to AWOL since i haven't signed the contract yet because the hr assigned for the contracts are on leave in four days i am just waiting for her to get my contract signed but i dont want to stay anymore. is it okay for me to awol? what can be my possible problems if i awol? thank you

euferreras wrote:I am 4 days hired now and i didn't like the job i have now i am planning to AWOL since i haven't signed the contract yet because the hr assigned for the contracts are on leave in four days i am just waiting for her to get my contract signed but  i dont want to stay anymore. is it okay for me to awol? what can be my possible problems if i awol? thank you

You may be liable for damages.

Even without a contract there already exists proof that you worked there and that may be enough for them to collect.

Then the question comes to mind - why did you accept the job in the first place? I am sure they should have told you what the job is and what you need to do.

HeHello pu, my 30 dys is finished but they still wont give my sallary , it has been on hold for 4 mnths already... what can i do?

Any reason given why ni nold yung salary? You can complain to the NLRC

Hello Atty's and Everyone,

I am a supervisor in a hotel tapos I am close with my staff's. One time my staff told me na nag apply sya for cruiseship and that he needed some help with the schedule na sana pang gabi lang sya so that he can process papers.. Ako, indi naman ako madamot because I wanted them to look for greener pasture din naman nag adjust ako ng sched for him. He had absences dahil sa pag process ko pero nilet go ko na because nag iinform naman sya prior.

One day nung May 30 bigla nya na lang sinabi sa akin na last day of duty nya na daw yun coz may training sya na mag start ng June1. Nabigla ako dun and I told him that you have to render 15-30 days before sya pakawalan ng company. Sabi nya bahala na daw and tatawag nalang sya sa manager na mag resign na sya immediately.

Nag text lang sya sa Hr and sa Manager naman na mag resign na daw sya. The manager told him na di talaga pwede yung ginawa nya and dapat if gusto nya talaga mag resign needed nya mag comply ng 15days the least na. Sabi nung staff is that cocomply nya lang daw yun after his training which is June16.

Ask sana ako ng advise. Can I consider this move AWOL? And pwede lang ba na I reject his offer na after nya ng training eh babalik sya to render 15days? If yes, pwede bang indi kami mag bigay ng COE for him? and backpay? but yung unpaid salaries bibigay talaga namin yun..

1. Can I consider this move AWOL?
- A 'move' cannot be considered AWOL. Only a person can be considered on AWOL. If he does not report for work then you can consider the employee on AWOL.
2. Pwede lang ba na I reject his offer na after nya ng training eh babalik sya to render 15days?
- YES, Management has the right to reject this.
3. Pwede bang hindi kami mag bigay ng COE for him?
- NO. A terminated or active employee has the right to be given a COE. Sa panahon ngayon, since halos lahat ng establishment at company ay humihingi ng COE, the COE has now become a demandable right. (Anong kinakatakot nyo sa pagbigay ng COE? Ang nakalagay lang naman sa COE e kung kelan naging part ng company si employee at kung kelan natapos. Ang COE ay hindi clearance. Ang clearance ang pwede nyong i-hold).
4. and backpay?.
- Yes, as long as hindi pa nya natatapos ang CLEARANCE nya. Pre-requisite ang clearance sa pag-release ng backpay.

HrDude wrote:1. Can I consider this move AWOL?
- A 'move' cannot be considered AWOL. Only a person can be considered on AWOL. If he does not report for work then you can consider the employee on AWOL.
2. Pwede lang ba na I reject his offer na after nya ng training eh babalik sya to render 15days?
- YES, Management has the right to reject this.
3. Pwede bang hindi kami mag bigay ng COE for him?
- NO. A terminated or active employee has the right to be given a COE. Sa panahon ngayon, since halos lahat ng establishment at company ay humihingi ng COE, the COE has now become a demandable right. (Anong kinakatakot nyo sa pagbigay ng COE? Ang nakalagay lang naman sa COE e kung kelan naging part ng company si employee at kung kelan natapos. Ang COE ay hindi clearance. Ang clearance ang pwede nyong i-hold).
4. and backpay?.
- Yes, as long as hindi pa nya natatapos ang CLEARANCE nya. Pre-requisite ang clearance sa pag-release ng backpay.

Thank you po.. Another question po..

Is it okay to ask COE from my employee kahit employed pa po ako? Because I want to apply din part ng requirement is COE from the company. Kasi our company doesn't release COE if indi ka nag resign.