Can an employee who tenders his resignation go on AWOL prior to the acceptance of his resignation

Let’s say you have already tendered your resignation and is waiting for it to be accepted by your employer. Your mind is already set to do other things. Maybe move to another city or work for somebody else. Or maybe just live your life and enjoy.

Can you legally not report for work anymore even before your resignation is accepted?

No you cannot. It would be unfair for the employer if you just go on leave of absence aka not report for work anymore. Employers have businesses to attend to and by just not reporting anymore you are undermining his business. You can’t just have it your way.

As a matter of fact, under the law, you, the employee, must give 30 days notice to your employer before you actually resign. This is fair enough because your employer has to find somebody to replace you. Proper turnover of the work will still have to be done. And the replacement will still have to be acquainted with the work. He has to warm his seat first. And so you cannot expect the replacement to hit the ground in just a short period of time.

What if you insist on not reporting for work anymore. Well, your premature action will be a ground for your employer to file a case for you for damages. But I have not yet heard of an employer who files a case like this. Maybe because it’s not practical. The cost for filing a case does not justify the damages sought.

Author: Aldren

A Cebu-based practicing labor and corporate lawyer plodding through life one post at a time.

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