Absence Without Leave (AWOL) vs. Abandonment

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)

SUPREME COURT DECISION: SURVIVING SPOUSE IS ENTITLED TO SSS PENSION EVEN IF THE MARRIAGE WAS CONTRACTED AFTER THE SPOUSE’S DISABILITY. (BELINDA D.R. DOLERA V. SOCIAL SECURITY SYSTEM, G.R. NO. 253940, OCTOBER 24, 2023)

Issue:

Is Belenda entitled to receive survivorship pension under the Social Security Law?

Ruling:

The Supreme Court ruled in the affirmative. 

According to the Supreme Court, the Social Security Law is a social welfare legislation enacted pursuant to the policy of the State to promote social justice and provide protection to the workers and their beneficiaries against the hazards of contingencies such as disability and death, resulting in loss of income or financial burden.

As a social welfare legislation, the Social Security Law shall be liberally construed in favor of the intended beneficiary of the statute, “for it is only be giving them a liberal construction that the constitutional policy concerning promotion of social justice is realized.”No. The contract entered into by RODCO, Floserfino and Antonia is void.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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Effective Workplace Discipline: A Complete Guide to Supervisors and Managers