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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Abandonment is the deliberate and unjustified refusal of an employee to resume his employment. It is a form of neglect of duty, hence, a just cause for termination of employment by the employer.
For a valid finding of abandonment, these two factors should be present:
(1) the failure to report for work or absence without valid or justifiable reason; and
(2) a clear intention to sever employer-employee relationship, with the second as the more determinative factor which is manifested by overt acts from which it may be deduced that the employee has no more intention to work.
The intent to discontinue the employment must be shown by clear proof that it was deliberate and unjustified.
(Robustan, Inc. v. Court of Appeals, G.R. No. 223854, March 15, 2021)
Absent without leave (AWOL) refers to the failure of an employee to report for work without a valid or justifiable reason. Abandonment by the employee refers to such failure coupled with a clear intention on the part of the employee to terminate the relationship between him/her and his/her employer.
The Labor Code provides that an employee may be terminated for gross and habitual neglect of his duties (Article 297, par. b, Labor Code)
DOLE Department Order No. 147, series of 2015 (DOLE DO 147-15) provides that:
“To be a valid ground for termination, the following must be present:
- There must be neglect of duty; and
- The negligence must be both gross and habitual in character.” (Section 5.2, Rule I-A, DOLE DO 147-15)
In the case of Robustan, Inc. v. Court of Appeals (G.R. No. 223854, March 15, 2021), the Supreme Court defined abandonment as the deliberate and unjustified refusal of an employee to resume his employment.
Abandonment is a form of neglect of duty, hence, a just cause for termination of employment by the employer.
Further, jurisprudence says:
“For a valid finding of abandonment, these two factors should be present:
(1) the failure to report for work or absence without valid or justifiable reason; and
(2) a clear intention to sever employer-employee relationship, with the second as the more determinative factor which is manifested by overt acts from which it may be deduced that the employee has no more intention to work.
The intent to discontinue the employment must be shown by clear proof that it was deliberate and unjustified.”
It must be remembered that mere absence or failure to report for work is not tantamount to abandonment. The absence must be accompanied by overt acts unerringly pointing to the fact that the employee simple does not want to work anymore, and the burden of proof to show that there was unjustified refusal to go back to work rests on the employer. (Gerardo Roxas c. Baliwag Transit, Inc., G.R. No. 231859, February 19, 2020)
Related Article/s:
Abandonment of work as a ground for dismissal from employment
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