Tardiness and absences belong to neglect of duties which can give ground for disciplinary action.
The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin B. Villanueva (pp. 227-230).
Mere absence does not justify employee dismissal on the ground of habitual neglect. Dismissal of an employee due to his prolonged absence with leave by reason of illness duly established by the presentation of a medical certificate is not justified.
In the case of Genuino Ice Company vs. Magpantay, absence of four (4) days was declared not tantamount to gross and habitual neglect of duty. The Supreme Court upheld the Court of Appeals in finding that the employee has never been proven to be habitually absent in a span of seven (7) years as the company’s employee.
Absenteeism may be sufficient ground to terminate employment Habitual tardiness is a form of neglect of duty. Lack of initiative, diligence, and discipline to come to work on time everyday exhibit the employee’s deportment towards work.
Habitual and excessive tardiness is inimical to the general productivity and business of the employer. This is especially true when the tardiness and/or absenteeism occurred frequently and repeatedly within an extensive period of time.
In a case where the employee committed several absences and tardiness but was never penalized thereon, it was held that said infractions can be used collectively by the company as a ground for dismissal. The Supreme Court, in affirming the finding of valid dismissal held that the employee’s repeated and continuous absences without prior leave and his frequent tardiness within the last two months prior to his dismissal exemplify his utter disregard for his employment and his employer’s interest.
Tardiness or absenteeism must be habitual and incurred without leave for it to constitute gross and habitual neglect of duties. Absences or tardiness due to emergency, ailment or fortuitous events are justified.
Form No. 122 Notice to Explain (First Notice) – Habitual Tardiness
To : Name of Employee
From : Human Resources Manager or other authorized officer
Subject : Habitual Tardiness
Date : (Date of issuance of Notice)
The matter of your frequent tardiness has been brought to our attention. In particular, your attendance records from ________ (date) to ____________ (date) show that you reported late for work on the following dates: (enumerate specific dates of tardiness) _______________
Under the Labor Code, habitual tardiness constitutes gross and habitual neglect of duties which may be a cause for suspension/termination.
In view of the foregoing, you are hereby required to submit a written explanation to this office within five (5) days from receipt of this notice, stating why the Company should not impose the penalty of suspension/dismissal for the act mentioned.
Furthermore, you are invited to a conference on _________ (date) at ___________ (venue) where you shall be accorded the opportunity to express your side on the matter. You may be accompanied by your own counsel at the said conference if you wish to be assisted by one.
Your failure to submit your written explanation within the period provided shall be construed as a waiver of your right to be heard and the Company shall decide the matter on the basis of all records and evidence available to it.
Your compliance is strongly encouraged.
Very truly yours,
____________________
(Name and signature of authorized signatory)
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