Legal Action for AWOL

Jesi j. wrote:Ano po b usually ginagwa if for clearance?

Himingi ng pirma.

Hi. Tanong ko lang po. Nag awol ako sa company na pinapasukan ko, under probationary period. Nag send sila sa akin ng letter ang sabi po "Abandonment of work: which carry the penalty of separation for its first offense and gross and habitual neglect by the employee of his assigned duty." and binibigyan nila ako ng chance to explain my side. Ano pong legal action? Salamat po.

yung letter na receive mo is their legal action for them to terminate you. they will send you a first notice, which is the letter you received and the second notice will be a termination letter.

legal action mo? mag explain ka ng side mo. pero what ever you do, you are at fault for abandonment of work. dapat nag resign ka na lang kesa mag karoon ka ng record for abandonment.

Hello po atty. ask ko lang po kng possible po ba makakuha ng coe sa dti kng company khit nag awol ako...ayoko naman po tlga umalis doon kahit sobra hirap ng trabaho all around ka lhat gawain mo,tagalinis,taga tinda,taga lagay ng sensor ng damit,at cashier kapa...tiniis ko po un kasi mhirap wlang trabaho dto sa manila...ng unang isang bwan ok nmn po ang lhat khit madling araw nko nkakauwi daig ko pa ang call center...ng mga sumunod na bwan nagpalit po kmi ng store manager at nagbgo po ang lhat madame nag resign,madame napaiyak sa pamamalakad nya...ako nagtiis po kasi bago plang ako at syang naman kong ssma ako sa agos nla...pero dmating po ang oras na kya ngapo ng ktwan ko ang trabaho pero ung emosyon ko ndi napo...sino po ba nman ang magtatagal don kng pagod kna ngapo sinisigawan kpa..at daig ko pa ang katulong kng utusan nla...at kng magtaas ng mata daig pa ang tigre...4 years graduate ako pero ang tingin ko sa sarili ko don wla akong pinag aralan kasi sinisigawn lng ako pde nmn po sbhin ng mganda..kaya dko napo knya atty. Pmasok pko ng umaga sa store pero naiyak nlng ako ksi bka sa susunod masagot kna sya kya nagpsya ako umuwi nlng...at ndi nko nagpramdam sa knila...sabi ng isang ksam ko e report sla kaso wla nmn ako lakas ng loob magreklmo...pinagdasal kna lng sla...at un ilang araw na phinga nlaman ko buntis na pla ako at nagpsya nko umuwi sa probinsya kasi maselan pagbubutntis ko nkunan nko dti kaya need kna mag ingat...pero wala din makalipas ang ilang bwan nkunan din ako...ngyon bumalik nko ng manila mkikipag sapalaran ulit...kso ndi na pending ako ksi po need ko daw coe sa last job ko...mkakakuha ba ako sa knila atty.?sna po mabigyan nyo ako ng payo slamat po

possible siyang makuha kung pumayag ang kumpanya mo.

O kahit na makuha mo baka di mo rin magamit. Ang CoE or Certificate of Employment, ay certificate ng record mo na nag trabaho ka sa kumpanya. Usually nilalagay doon na kung kailan ka na hire at kailan ka nawala.

Kung ilagay ng kumpanya mo na ikaw ay na hire simula ng _______ hangang nag awol ng araw ng ______. di mo rin mapapasa yan sa ibang kumpanya.

Tandaan, pangalagaan mo ang iyong pangalan at record, dahil iyan isang mag papatunay sa ibang kumpanya na gusto mo pasukin na pwede ka nilang kunin.

Hi! Seeking for advice. Most especially from the HR.

The thing is, my friend has a bond/contract with a company then he wants to submit a resignation due to his current state (depression). Other reasons are, there are no opportunities in the company for him to grow and he can’t stand going to work doing nothing because there are really no tasks/work to do. No career growth.

Now, he has job offer from other company but he can’t grab the offer because the current company doesn’t want to sign his resignation. Also, the company doesn’t want to terminate him even though he hasn’t been reporting for 2 months now.

Thanks!

Hi. I just want to ask for some advice.

I am a probationary employee and got terminated without any evaluation, notice and due process done so I filed a complaint at NLRC. They handed me a blank termination form without my name, without the reason/grounds and without the effectivity date of termination so I did not sign the form but also did not report to work after that incident. It happened on tuesday then on friday, I came back to the office to get my personal things and copy of my payslip on my email... but it was already locked when I get there. They also removed me to the skype thread which the boss makes his announcements. Also, the finance called me a few days after that I can already claim my backpay including my COE ang BIR form because of that, I assumed that I am not already welcome to the company and that my clearances were okay.

My question is, can they still file AWOL against me?

Didn't you already posted this question in "probationary illegal termination" thread that you started? Why post it here?

ahnmaeri17 wrote:Hi. I just want to ask for some advice.

I am a probationary employee and got terminated without any evaluation, notice and due process done so I filed a complaint at NLRC. They handed me a blank termination form without my name, without the reason/grounds and without the effectivity date of termination so I did not sign the form but also did not report to work after that incident. It happened on tuesday then on friday, I came back to the office to get my personal things and copy of my payslip on my email... but it was already locked when I get there. They also removed me to the skype thread which the boss makes his announcements. Also, the finance called me a few days after that I can already claim my backpay including my COE ang BIR form because of that, I assumed that I am not already welcome to the company and that my clearances were okay.

My question is, can they still file AWOL against me?

Here is the advice, Never go AWOL. It causes too much problem..

When submitting a resignation, have the resignation letter be "received" and not have it approved.

Resignation is the employees initiative to separate from the employer. In most cases, the company have no say in the matter otherwise the company will be guilty of involuntary servitude.

The 30 days notice starts at the date the HR or Immediate superior received the notification and not on the date the the employer states that he will accept the resignation.

If your "friend" have proof that the company received the resignation notice, then consider himself separated after 30 days. if the company refuses to receive the letter, then get a witness that will sign the resignation letter that the employer refused to receive the notice. then leave a copy on the desk of the HR.

But if there is no proof of resignation, then consider your friend on "AWOL", thus having a bad record which can have a great effect on his future job application.

amtc02 wrote:Hi! Seeking for advice. Most especially from the HR.

The thing is, my friend has a bond/contract with a company then he wants to submit a resignation due to his current state (depression). Other reasons are, there are no opportunities in the company for him to grow and he can’t stand going to work doing nothing because there are really no tasks/work to do. No career growth.

Now, he has job offer from other company but he can’t grab the offer because the current company doesn’t want to sign his resignation. Also, the company doesn’t want to terminate him even though he hasn’t been reporting for 2 months now.

Thanks!

mikos23 wrote:Didn't you already posted this question in "probationary illegal termination" thread that you started? Why post it here?

I just thought that I can have a faster response here since this is a popular thread.

Hi Atty.
Just want to ask, im only two months in my previous work, my employer disapproved my request to get my salary when the times that im on sick leave. I notified my superior before my absences. And they allow me to go to my province because i need to undergo treatment for virus thingy called by doctors. I also have my medical certificate. I informed them also that im not yet fit to work. So i asked them if i could get my salary for my medicine that time because it was already delayed for a weeks (cash payment). But they said my request was disapproved. That's why I decided not to go back to my work because of that and i didnt finish my contract. Until now my first salary is also hold because my superior said before that i can only get that if i finished my contract. I dont mind my first salary, i just need my last salary before my absences. Do i have the rights to get my last salary? Thanks

attyLLL wrote:if you want to save your job, you have to go to work.

ATtorney in line with the termination tagging po kasi nagfile din ako ng immediate resignation due to a family conflict which eventually got declined. So im expecting that I'll be tagged as terminated sooner or later. I read the contract and there I saw a statement saying that If I am unable to render 30 days I will be held liable for liquidated damages including but not limited to any cash conversion of leaves or sick leaves.

question ko po is
1. In law terms, if you say "but not limited to",does it have a literal meaning that what's included in the clause does not list or mention all possible damages?
2. If my understanding is correct, what labor laws state specifically the damages I could be held for by leaving prematurely?
3. If I'm wrong , does it simply mean that If i get my final pay, that they will not include all unutilized leave credits that can be converted to cash?

You have the right to get your first and last salary.

Jst4u wrote:Hi Atty.
Just want to ask, im only two months in my previous work, my employer disapproved my request to get my salary when the times that im on sick leave. I notified my superior before my absences. And they allow me to go to my province because i need to undergo treatment for virus thingy called by doctors. I also have my medical certificate. I informed them also that im not yet fit to work. So i asked them if i could get my salary for my medicine that time because it was already delayed for a weeks (cash payment). But they said my request was disapproved. That's why I decided not to go back to my work because of that and i didnt finish my contract. Until now my first salary is also hold because my superior said before that i can only get that if i finished my contract. I dont mind my first salary, i just need my last salary before my absences. Do i have the rights to get my last salary? Thanks

1) "but not limited to" usually means that it includes what was stated but others can be added not stated on the list.

2) Labor Code states

“Art. 285. Termination by employee.

“An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.”

There is no "specific" damage stated therein. The purpose of the 30-day resignation notice is to ensure a smooth turn-over and transfer of the work currently being held by the resigning employee. To avoid problems in the workplace, and to ensure continuous operations, labor law requires the employee to stay for at least 30 days.

Leaving prematurely would cause a disruption on the operation of the company. Damages could be in many form, which includes and not limited to, loss of "man hours and productivity" of other employees who will cover the work of the resigned employee, loss of opportunity, etc.

zentrix06 wrote:

attyLLL wrote:if you want to save your job, you have to go to work.

ATtorney in line with the termination tagging po kasi nagfile din ako ng immediate resignation due to a family conflict which eventually got declined. So im expecting that I'll be tagged as terminated sooner or later. I read the contract and there I saw a statement saying that If I am unable to render 30 days I will be held liable for liquidated damages including but not limited to any cash conversion of leaves or sick leaves.

question ko po is
1. In law terms, if you say "but not limited to",does it have a literal meaning that what's included in the clause does not list or mention all possible damages?
2. If my understanding is correct, what labor laws state specifically the damages I could be held for by leaving prematurely?
3. If I'm wrong , does it simply mean that If i get my final pay,  that they will not include all unutilized leave credits that can be converted to cash?

hi po, pa advice naman kung pwede po na tanggalin sa trabaho ang isang empleyado na nag awol. or kailngan munang dumaan muna ito sa suspended.

good day. i need an advice. kasi po nahire ako ng isang company last week pero naisip ko mgtake ng tesda course at wala ng balak pa bumalik sa company. wala pa naman akong pinirmahan contract at naipasa na mga requirements. Magkakaroon ba ako ng sanction dun? considered ba as awol un?

good day. i need an advice. kasi po nahire ako ng isang company last week pero naisip ko mgtake ng tesda course at wala ng balak pa bumalik sa company. wala pa naman akong pinirmahan contract at naipasa na mga requirements. Magkakaroon ba ako ng sanction dun? considered ba as awol un?

they can consider you awol but chances are they wont. if they do however then they have the right to sue you for damages.

pano ka na hire? wala man lang pina pirmahan sayo na job offer?

Hi ask ko lang, merun akong driver 6 years na sakin. Inilipat ko po sya ng unit na e drive, ayaw pong sumunod sakin, humihingi sakin ng 150k or else e labor daw ako. Kumpleto benefit sya including sss, ph etc . Need ko sana lawyer assistance. Salamat