My question is: IS THERE SUCH A DOLE RULE OR REGULATION? None.

DOLE did not issue any

labor advisory regarding AWOL and their termination. I checked the Labor Advisories issued
from 2015 to the present to be sure. No answer from DOLE. I also submitted a query in their
website.

Put another way, can the hospital amend their rule in a such a way that when an employee
remains absent without leave for a continuous period of, say, 5 days, the hospital can already
consider the employee under AWOL and, thus, may already be terminated for cause. Yes.

The hospital, in the exercise of its management prerogative, may amend their company policy
to effect that absence without leave for 5 continuous days will result to termination.

In the 2013 case of Cavite Apparel Incorporated vs. Michelle Marquez with G.R. No. 172044, the
Court explained the limit of management prerogative. "We reiterate that while we recognize
management’s prerogative to discipline its employees, the exercise of this prerogative should at
all times be reasonable and should be tempered with compassion and understanding. Dismissal
is the ultimate penalty that can be imposed on an employee. Where a penalty less punitive may
suffice, whatever missteps may be committed by labor ought not to be visited with a
consequence so severe xxx."

The question now is, whether the penalty of termination is reasonable, in case of absence
without leave for 5 continuous days.

In the 2017 case of Virgel Japos vs FARM Cooperative with G.R. No. 208000, the Court stated
that, "it has not defined the number of times that is needed to terminate an employee for
absenteeism. Settled is the rule that an employee's habitual absenteeism without leave, which
violated company rules and regulation, is sufficient to justify termination from the service."

In this case, company has the following rules and regulations:

"An employee is subject to disciplinary action if he/she incurs the following CONSECUTIVE
ABSENCES:
xxx
First three (3) days - Written Warning
4th day - 1 to 7 days suspension (Notice shall be prepared by Personnel)
5th day - 8 to 15 days suspension (Notice shall be prepared by Personnel)
6th day - DISMISSAL"

The Court did not find unreasonable, the dismissal of an employee who has been absent
without leave for 6 continuous days. Provided further, that the procedural due process is
complied with.