Saturday, March 21, 2009

Elements for ABANDONMENT OF WORK- Phil. Labor Law

A) What elements consitute abandonment of work?

To constitute abandonment, two elements must concur:
(1) the failure to report for work or absence without valid or justifiable reason,

(2) a clear intention to sever the employer-employee relationship. If the employee's aim is to secure the benefits due them from their employer, abandonment would surely be an illogical and impractical recourse, especially for simple laborers.


B) Is mere absence from work considered as abandonment?

For abandonment to arise, there must be concurrence of two things:

(1) lack of intention to work

(2) the presence of overt acts signifying the employee's intention not to work. While absence from work for a prolonged period may suggest abandonment in certain instances, mere absence of one or two days would not be enough to sustain such a claim.

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