ABANDONMENT OF WORK AS A GROUND OF DISMISSAL FROM EMPLOYMENT

After reading, Prohibited Acts Under the Magna Carta for Homeowners and Homeowners’ Association read also Abandonment of Work as a Ground of Dismissal from Employment

• Abandonment of work is a clear intent to discontinue one’s employment without any intention of returning back

• Intent to sever the employer-employee relationship can be proven through the acts of an employee

• Mere failure to report to work is insufficient to support a charge of abandonment

C an an employer dismiss an employee from employment on the ground of abandonment of work?

For a better understanding, let us take the case of Demex Rattancraft vs. Leron, G.R. No. 204288, November 8, 2017.

In this case, the Supreme Court states that Article 297 of the Labor Code of the Philippines enumerates the just causes for the dismissal of an employee. Article 297 of the Labor Code is stated in the following manner:

Article 297. Termination by Employer. – An employer may terminate an employment for any of the following causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

2. Gross and habitual neglect by the employee of his duties;

3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

4. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

5. Other causes analogous to the foregoing.

Although abandonment of work is not expressly enumerated as a just cause under Article 297 of the Labor Code of the Philippines, Supreme Court cases have recognized it as a form of or akin to neglect of duty.

What is abandonment of work?

The Supreme Court said:

Abandonment of work has been construed as “a clear and deliberate intent to discontinue one’s employment without any intention of returning back.”

To justify the dismissal of an employee on the ground of abandonment or work, two (2) elements must concur, namely:

1. the failure to report for work or absence without valid or justifiable reason; and

2. a clear intention to sever the employer-employee relationship.

Thus, mere failure to report to work in insufficient to support a charge of abandonment. The employer must be able to show or adduce clear evidence of the employee’s “deliberate, unjustified refusal to resume his or her employment which is manifested through the employee’s overt acts.”

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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