Work abandonment



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Dear Atty. Angela,
Dear Atty. Angela,
My father has been working for a manufacturing company for seven years. He had been sickly for the past months and was incurring unauthorized absences at work. He was absent for six straight days due to a heart condition. He received a show cause where he explained his health concern. After, he was again absent for another five days and received another show cause. Finally, he was absent for three days which was approved by his supervisor. When he arrived at work the following day, he was already barred from entering. He was told that he could no longer report for work because his continued absences were considered serious misconduct and abandonment of work. Is this correct?
Ruben
Dear Ruben,
No, the basis of abandonment of work for his dismissal is illegal. Mere absence from work, without more, will fail to support a finding of abandonment of work, absent any overt act from the employee clearly showing that he or she intends to sever his or her employment.
In the case of Carpio v. Green Era Biotech Corp., G.R. No. 267217 (19 November 2025), the Supreme Court clarified that abandonment of work has been defined as the deliberate and unjustified refusal of an employee to resume his employment. As a form of neglect of duty, abandonment is considered as a just cause for termination of employment by the employer.
However, in order to prove that the employee indeed abandoned his work, two factors must first be proven to be present: First, the failure to report for work or absence without valid or justifiable reason, and, second, a clear intention to sever the employer-employee relationship.
It must be noted that the
second factor is the more determinative factor, and is manifested by overt acts from which it may be deduced that the employee has no more intention to work. In other words, the intent of the employee to discontinue his employment must be shown by clear proof that the employee did so deliberately and without justification. Since abandonment is a just cause for termination, the burden of proving abandonment falls on the employer.
In this case, following your father’s absences due to illness which the latest one was even approved, he attempted to report for work, but was no longer allowed to do so. It only shows that your father lacked the intent to sever his employment.
The SC in this case ordered the reinstatement of the employee but ruled that he was not entitled to backwages because his dismissal was made in good faith based on his unauthorized absences. If reinstatement is no longer possible, the company must instead pay him separation pay.
Atty. Angela Antonio