When an employee is considered to have abandoned his work

The Supreme Court of the Philippines ruled that an employee is considered to have abandoned his work only if the following two requirements concur: 1) the failure to report for work or absence without valid or justifiable reason; and 2) clear intention to sever the employer-employee relationship which must be manifested by some overt acts. Importantly, the employer has the burden to prove the employee’s deliberate and unjustified refusal to resume his employment without any intention of returning. (Harpoon Marine Services vs. Francisco, GR No. 167751, March 2, 2011)