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Step 4 - Sent the employee a notice or show-cause letter at his last known
address to explain his absence with a warning that his failure to do so would
be construed as abandonment of his work.
Two elements (1) the failure to report for work or absence without valid or
justifiable reason; and (2) a clear intention to sever employer-employee
relationship. 1
1
E.G. & I. Construction v. Sato, G.R. No. 182070, February 16, 2011.
2
ADMINISTRATIVE PROCEDURE
It is settled that, procedurally, if the dismissal is based on a just cause under Article 282 16 of the Labor Code,
1. the employer must give the employee two written notices and a hearing or opportunity to be heard if requested by the employee before terminating the employment:
The consistent rule is that the employer must affirmatively show rationally adequate evidence that the dismissal was for a justifiable cause.18 In addition, the employer must also
It is a settled rule that failure to report for work after a notice to return to work has been served does not necessarily constitute abandonment.19 As defined under established
jurisprudence, abandonment is the deliberate and unjustified refusal of an employee to resume his employment. 20 It is a form of neglect of duty, hence, a just cause for termination of
employment by the employer.21 For a valid finding of abandonment, these two factors should be present:
(1) the failure to report for work or absence without valid or justifiable reason; and
with the second as the more determinative factor which is manifested by overt acts from which it may be deduced that the employee has no more intention to work. 22 The intent to
discontinue the employment must be shown by clear proof that it was deliberate and unjustified
Administrative Department