AWOL of the Employee

Hi Atty,

I was just wondering what are the legal charges we can file to a employee who:

1. Regular Employee who Resigned tru text, he has accountability like (company cellphone), we ask him to do proper turnover of accountability and to pass resignation letter, but he failed to do. So far our step is sending him an AWOL letter stating that he need to turnover his accountability. Still no responds from him. We just want for the company phone to be turnover and the resignation be filed since his a regular employee, to avoid future problems.

2. Probationary Employee who resigned without giving resignation letter. Its okay that they will resigned we are just after the resignation letter.

Thanks !

1. legal action


2. in this case, still you have to comply with the twin memo notice. send her an NTE, then give her a chance to voice out her justification. but if she wont respond to these notices, its time for you to make up your decision and gave her a copy whatever it is. If an employee ask for a justification for such decision, as her employer, you have to prove at NLRC that the decision is lawful

Thanks Vane!

1. What if we dont like to press legal action? since his backpay is bigger than his accountability is that okay?

2. I dont understand the need of NTE? Their the one who voluntary resigned without giving resignation letter, we will be sending them an AWOL letter, is that okay?

Thanks again

1. not so sure about that, lets wait for someone's opinion to be safe.

2. how can you say that the employee REALLY tendered resignation if there is no letter stating so? they should properly and formally file their resignation, what if one day DOLE asks for proof?. if its possible that they will submit a resignation letter, that would be better.

1. Send the notice personally (he must sign) or through registered mail.The notice must be properly drafted. Include in the notice that non-response will be deemed as abandonment. Tell him that he has backpay, that might induce him to meet with you. Give as a condition for giving the backpay the cellphone and a resignation letter. If that does not work send another letter informing him that you will file a criminal case if he does not return the phone.
2. Send a similar notice to the probi employee. These notices are evidentiary and will be your defenses if the employee files claims before the NLRC.