The Employer’s Duty to Provide Notice in Cases of Alleged Employee Abandonment

G.R. No. 133573, June 20, 2000

Many businesses face the challenge of employees who stop showing up for work. Can this be automatically considered abandonment? The Supreme Court’s decision in Icawat vs. National Labor Relations Commission sheds light on the importance of due process when an employer believes an employee has abandoned their job. This case underscores that employers must follow specific procedures, including providing written notice, before terminating an employee for abandonment.

Legal Context: Abandonment and Due Process in Philippine Labor Law

Under Philippine labor law, abandonment is a valid ground for terminating an employee. However, it’s not as simple as an employee merely being absent. Two key elements must be present to legally constitute abandonment:

• The employee fails to report for work or is absent without a valid or justifiable reason.
• There is a clear intention on the part of the employee to sever the employer-employee relationship. This intention must be demonstrated through overt acts.

The second element, the intention to abandon, is the determining factor. The employer bears the burden of proving that the employee deliberately and unjustifiably refused to return to work, showing a clear intention not to resume employment. Mere absence, even for an extended period, is insufficient.

Article 297 of the Labor Code of the Philippines outlines the just causes for termination by the employer, but abandonment is rooted in case law interpreting these provisions. Crucially, procedural due process requires employers to provide employees with written notices before termination. Section 2, Rule XVI, Book V, of the Rules and Regulations Implementing the Labor Code, specifies that in cases of abandonment, the notice must be served at the worker’s last known address. The Supreme Court has consistently emphasized that two notices are required: one informing the employee of the grounds for dismissal and another informing them of the decision to dismiss.

Example: Imagine an employee, Maria, takes an unapproved leave of absence for two weeks due to a family emergency. She doesn’t inform her employer. While her absence is unexcused, the employer cannot automatically assume abandonment. They must investigate, attempt to contact Maria, and provide her with written notice before proceeding with termination.

Case Breakdown: Icawat vs. NLRC

The case of Icawat vs. NLRC revolved around Jose Yape, a jeepney driver who worked for Leah and Romeo Icawat. After losing his driver’s license, Yape took a leave to obtain a new one. Upon his return, the Icawats informed him that he had been replaced. Yape filed a complaint for illegal dismissal.

The Icawats argued that Yape was not a regular employee and had essentially abandoned his job by being absent for three months. The Labor Arbiter initially ruled in favor of Yape, finding that he was illegally dismissed. The NLRC modified the decision, upholding the finding of illegal dismissal but adjusting some of the monetary awards.

The Supreme Court ultimately affirmed the NLRC’s decision regarding the illegal dismissal, emphasizing the lack of due process. The Court highlighted that Yape’s act of filing a complaint for illegal dismissal immediately after being told he was replaced contradicted any intention to abandon his job.

Key points from the Supreme Court’s decision:

• “To constitute abandonment, two elements must concur: (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, with the second element as the more determinative factor and being manifested by some overt acts. Mere absence is not sufficient.”
• “[E]ven assuming that private respondent abandoned his work, petitioners should have served him with a notice of termination on the ground of abandonment. Section 2, Rule XVI, Book V, Rules and Regulation Implementing the Labor Code provides that any employer who seeks to dismiss a worker shall furnish him a written notice stating the particular acts or omission constituting the grounds for his dismissal. In cases of abandonment of work, the notice shall be served at the worker’s last known address.“

The Court found that the Icawats failed to provide Yape with the required written notice of termination based on abandonment, making his dismissal illegal.

However, the Supreme Court also addressed the issue of backwages. While upholding the order for reinstatement, the Court found that the amount of backwages awarded lacked a factual basis and remanded the determination of the amount to the Labor Arbiter.

Practical Implications: Protecting Employers and Employees

This case highlights the critical importance of adhering to due process requirements in termination cases. Employers cannot simply assume abandonment based on an employee’s absence. They must actively demonstrate the employee’s clear intention to sever the employment relationship and provide the required notices.

For employees, this case reinforces their right to due process and protection against arbitrary dismissal. Filing a complaint for illegal dismissal promptly after termination can be a strong indicator that they did not intend to abandon their job.

Key Lessons:

• Employers must conduct a thorough investigation before concluding that an employee has abandoned their job.
• Employers must send a written notice to the employee’s last known address, informing them of the alleged abandonment and giving them an opportunity to explain their absence.
• Employers must issue a second written notice informing the employee of the decision to terminate their employment.
• Employees should promptly file a complaint for illegal dismissal if they believe they have been unjustly terminated.

Frequently Asked Questions (FAQs)

Q: What constitutes a valid reason for an employee’s absence?

A: Valid reasons can include illness, family emergencies, approved leaves of absence, or other justifiable circumstances. The key is whether the employee made a reasonable effort to inform the employer.

Q: What should an employer include in the written notice to an employee suspected of abandonment?

A: The notice should clearly state that the employer believes the employee has abandoned their job, specify the dates of absence, and provide the employee with a reasonable opportunity to explain their absence and return to work.

Q: What happens if an employer fails to provide the required notices?

A: The termination will likely be deemed illegal, and the employer may be liable for backwages, separation pay, and other damages.

Q: Can an employee be terminated for abandonment even if they have a valid reason for their absence but failed to inform the employer?

A: It depends on the circumstances. If the employee had a legitimate reason and made reasonable attempts to contact the employer, the termination may still be considered illegal. However, the employee’s failure to communicate could be a factor in determining the appropriate remedy.

Q: What should an employee do if they receive a notice of termination for abandonment?

A: The employee should immediately respond to the notice, explaining their absence and expressing their intention to return to work. They should also consult with a labor lawyer to understand their rights and options.

Q: Is there a specific timeframe within which an employee must file a complaint for illegal dismissal?

A: Yes, the prescriptive period for filing a complaint for illegal dismissal is four (4) years from the date of dismissal.

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