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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » AWOL/Serious Misconduct

AWOL/Serious Misconduct

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1AWOL/Serious Misconduct Empty AWOL/Serious Misconduct Tue Oct 13, 2015 2:50 pm

Savoirfaire


Arresto Menor

Hi Atty, I have a staff who was absent for 3 days for being sick but we later found out from his wife that he was lying to us. He wasn't sick but he was out with his friends. And his wife informed us that his husband is not coming to work ever again. We were shocked and understaffed. He submitted his resignation few days after being informed by wife. Does his action be considered as Serious Misconduct and AWOL? Is he still entitled to receive 13th month pay and separation pay?

2AWOL/Serious Misconduct Empty Re: AWOL/Serious Misconduct Tue Oct 13, 2015 5:28 pm

council

council
Reclusion Perpetua

Savoirfaire wrote:Hi Atty, I have a staff who was absent for 3 days for being sick but we later found out from his wife that he was lying to us. He wasn't sick but he was out with his friends.  And his wife informed us that his husband is not coming to work ever again. We were shocked and understaffed.  He submitted his resignation few days after being informed by wife. Does his action be considered as Serious Misconduct and AWOL? Is he still entitled to receive 13th month pay and separation pay?

Serious misconduct and AWOL - yes.

13th month pay - yes.

Separation pay - depends on company policy.

http://www.councilviews.com

3AWOL/Serious Misconduct Empty Re: AWOL/Serious Misconduct Tue Oct 13, 2015 5:59 pm

Savoirfaire


Arresto Menor

Thank you for your advice, Atty.

4AWOL/Serious Misconduct Empty Re: AWOL/Serious Misconduct Mon Oct 26, 2015 8:20 am

HrDude


Reclusion Perpetua

I beg to differ. If the resignation letter was duly-accepted and approved by the management, he can no longer be sanctioned as he is no longer an employee of the company. If the resignation was not approved, the company can proceed with the usual process of handling disciplinary cases.

13th month pay - yes (pro-rated amount)

Separation pay - yes (depending on company policy and/or CBA)

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