CONSIDERING EMPLOYEE'S RESIGNATION AS AWOL FOR NOT OBSERVING COMPANY'S INTERNAL POLICY

Dear ATTY.LLL,

As an HR Manager of the company, it is my responsibility to handle employees' concern. What I want to seek an advice is that regarding of our employee who submitted a resignation letter last July 7, 2016 to be effected on August 7, 2016 of which it is conformed to the law of  the DOLE. However, in our company's internal policy it is defined according to its position as to rank and file to observe the 90 days this is to give the bank time to prepare for his/her resignation, so as not to disrupt the flow of work, to find for a replacement, and final evaluation of the management prior to approval of resigning employee” as she is belong to the Branch Accountant/Bookkeeper position. Accordingly, she did not observe and follow the policy. The reason we sent her a letter stating that we consider her resignation as an absence without leave status and withholding her entitlements the same. Please allow me to ask any advise  my questions are:

1. Is our company at risk for considering her resignation as an AWOL status?

2. How can we protect our part and to the DOLE?

Your advise/s are highly appreciated.


Thanks so much in advance.

God bless and more power!!!


Grace

Was the employee's resignation approved when it was filed? If so, then you have no more hold on the employee after August 7.

1. If the resignation was approved then tagging the employee as AWOL is not proper.
2. Ensure you implement the policy.

yayi_zel@yahoo.com wrote:Dear ATTY.LLL,

1. Is our company at risk for considering her resignation as an AWOL status?

2. How can we protect our part and to the DOLE?

Your advise/s are highly appreciated.

Grace

Do you know the concept of 'INVOLUNTARY SERVITUDE' and that the Phil Constitution protects the Filipino people from such?

1. You cannot, in anyway, force your employee to work for you against his/her will. The Resignation Letter is a notice given to you notifying you that the he/she is terminating his/her own employment on his/her initiative. The only action that you can do is to approve it or not. HOWEVER, if you will not approve it until your employee renders your company-mandated 90-day period, this is still INVOLUNTARY SERVITUDE as you are requiring him/her to render or work for you.

This is why, the Labor Code afford employers that if an employee fails to render the recommended 30-day period, the latter is liable for DAMAGES. Take note that the Labor Code does NOT state that the employer can consider the employee on 'AWOL' or terminate the employee for 'Abandonment of Work'.

To answer question, if you terminated your employee by reason of 'Abandonment of Work' in my opinion, your company is at risk.

2. I recommend that you don't consider the employee on 'AWOL' nor terminate the latter by reason of Abandonment of Work. Instead, prove DAMAGES, if there are any, as the effect of the employee's act of not rendering your 90-day period.