Justifiable AWOL?

Nagcommit ako ng AWOL sa aking opisina, last July 15 till now, then hinold nila ang sahod ko, ... then upon asking lawyer from DOLE,

pwede ko daw ang i file ang constructive dismissal, since nag AWOL ako dahil di ko na nakayanan ang hostile environment?... totoo ba yung sabi nya?

Ang tanong e ano ba ang dahilan ng pag-a-AWOL mo? Wala kasing nakalagay sa kwento mo.

Walang justification ang AWOL.

Kung hostile environment, pwede kang mag-resign ng agad-agad -- pero kailangan pa rin magsabi ng tama, hindi lang basta-bastang mawala at hindi na pumasok.

Naka-hold ang sahod mo kasi baka meron kang milagrong ginawa kaya ka biglang naglaho, at mag-iimbestiga pa sila.

My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

Only if the employee followed procedure and gave proper advise to his supervisor or manager or to whoever is required to be given notice.

council wrote:

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

Only if the employee followed procedure and gave proper advise to his supervisor or manager or to whoever is required to be given notice.

He did informed his immediate superior but he is denying it. So he is now being charged with AWOL. Is AWOL automatically equivalent to dismissal?

Nope, sometimes reprimand or suspension. Depends on the length of the AWOL too. But if it is frequent or for a long period of time it can be used to justify termination

arjo11271981 wrote:Nagcommit ako ng AWOL sa aking opisina, last July 15 till now, then hinold nila ang sahod ko, ... then upon asking lawyer from DOLE,

pwede ko daw ang i file ang constructive dismissal, since nag AWOL ako dahil di ko na nakayanan ang hostile environment?... totoo ba yung sabi nya?

Well... syempre sa DOLE they will side sa iyo. AWOL ba ang sinabi sa pag-absent mo o nag-AWOL ka?

*pa side comment lang: ito problema sa private companies parang puro pakiusap ang pag-absent kasi Service Incentive Leave lang ang meron sa batas tapos minsan e hindi pa ina-apply ng company. Of course there is Solo Parent Leave, Battered Woman Leave, Paternity and Maternity Leave... Pero yun nga yung Sick and Vacation Leave hindi pa insitutionalized kasi walang batas

Anyways... binibigyan ka ng lawyer ng DOLE ng dahilan upang ipa-legalize ang pag-absent mo. Hard to say kung tama o mali ang kausap mo sa DOLE pero kung pinalabas mo na inaapi ka sa kwento mo yun ang magiging reaction niya syampre kakampihan ka. Totoo yan constructive dismissal means ikaw ang nagtanggal sa sarili mo kasi hindi mo makaya ang workplace mo. Hindi ito resignation ha. Basta nag-quit ka na lang. Pero syempre dapat noong nag-quit ka nag-file ka dapat agad ng constructive dismissal sa DOLE at hindi ka pa dapat nasabihan na AWOL ka (kung pina-explain ka at iyon ang hatol sa iyo). But again sa NLRC medyo iba-iba tumingin ng kaso ang Labor Arbiter.

Yung parusa kung AWOL is depende nga from reprimend to suspension to dismissal. Mayroon yan dapat sa employee's manual ninyo.

Good luck po.

Fel Flores wrote:

council wrote:

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

Only if the employee followed procedure and gave proper advise to his supervisor or manager or to whoever is required to be given notice.

He did informed his immediate superior but he is denying it. So he is now being charged with AWOL. Is AWOL automatically equivalent to dismissal?

Any proof or evidence that he informed his supervisor?

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

It is very hard to say if the employer will accept the reason hook-line-sinker. Case to case basis siya. Someone said here na depende sa circumstances and length ng absence and I agree to that. Someone also said here na hindi pwede biglaan lang nawawala that also rings truth.

Basta complete the documentary requirements medical certificate, certificate of confinement, death certificate in explaining then hope for the best.

Well again case to case. Good luck!

council wrote:

Fel Flores wrote:

council wrote:

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

Only if the employee followed procedure and gave proper advise to his supervisor or manager or to whoever is required to be given notice.

He did informed his immediate superior but he is denying it. So he is now being charged with AWOL. Is AWOL automatically equivalent to dismissal?

Any proof or evidence that he informed his supervisor?

Yun nga e. nangyayari is laway vs. laway. And in case of doubt ang superior ang paniniwalaan kadalasan. Take note kadalasan ha not all the time.

Condolences to your friend. Death is never easy.

udmlaw wrote:

council wrote:

Fel Flores wrote:

council wrote:

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

Only if the employee followed procedure and gave proper advise to his supervisor or manager or to whoever is required to be given notice.

He did informed his immediate superior but he is denying it. So he is now being charged with AWOL. Is AWOL automatically equivalent to dismissal?

Any proof or evidence that he informed his supervisor?

Yun nga e. nangyayari is laway vs. laway. And in case of doubt ang superior ang paniniwalaan kadalasan. Take note kadalasan ha not all the time.

Condolences to your friend. Death is never easy.

It was through a text message and phone call lang po. That's why we worry that it will be a weak proof.

council wrote:

Fel Flores wrote:

council wrote:

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

Only if the employee followed procedure and gave proper advise to his supervisor or manager or to whoever is required to be given notice.

He did informed his immediate superior but he is denying it. So he is now being charged with AWOL. Is AWOL automatically equivalent to dismissal?

Any proof or evidence that he informed his supervisor?

That's the weak point. He did informed his superior through text message and phone call lang po.

Ayun. Mahina nga. Pwedeng sabihing hindi natanggap ang txt msg, and talagang nangyayari yun.

Ano ba ang tamang proseso ng kumpanya sa pag advise ng tao pag mag-aabsent?

VL must be filed atleast three days before, subject for approval. on EL/LOA: actually, text message is unacceptable. Pero kung may good working relations at hindi naman stickler ang bisor nung tao pwede lumusot. Usually a phone call within the first hour of work schedule is acceptable but it will definitely piss off the boss gawa ng epekto sa operation. So, dapat atleast before official work schedule. Pero ideal parin personally mag file ng actual leave form, lalo na kung maeextend yung leave (vl man o LOA) by making the time to come to the office if circumstance allows. Madaling magsalita o pumanig sa kumpanya kapag hindi satin nangyari e, pero ang totoo gray area yan e. Medyo katig sa negosyante. Marami din kasi abusado. In the end, papatak parin sa proof talaga.

Fel Flores wrote:My friend was served with notice to explain his long absence without leave which was due to the hospitalization and death of his mother. Is this reason legally acceptable?

well, it would be best for your friend to have copies of the documents that will prove the unfortunate incident ie: his mom.
sometimes companies/hr may decide with compassion based on humanitarian reasons.