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AllBar 2024LABOR LAW AND SOCIAL LEGISLATIONSVII. POST-EMPLOYMENTD. Abandonment

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Question

The given Subject: Post-Employment

D. Abandonment

Scenario 1:

John has been employed at XYZ Corporation for the past five years. However, for the past few months, he has been consistently absent without prior notice. He has not reported to work nor communicated with his supervisor or HR department. The company has made several attempts to reach out to John but has received no response. The management now wants to terminate his employment due to his continuous absence. Can XYZ Corporation legally terminate John's employment on grounds of abandonment? Discuss the legal basis and requirements for abandonment.

Scenario 2:

Maria is a domestic helper who has been working for the Smith family for two years. She suddenly stopped reporting to work and failed to provide any explanation for her absence. The Smith family is concerned about her well-being but has been unable to contact her. Can the Smith family presume that Maria has abandoned her employment? Discuss the legal principles and procedures involved in determining abandonment in the context of domestic employment.

Scenario 3:

Michael has been employed as a sales representative for XYZ Corporation. After a series of poor performance evaluations, he decides to leave the company without resigning formally or providing any notice. The company is uncertain if they can consider Michael's departure as abandonment. Analyze the legal requirements and consequences of abandonment in the context of resignation without prior notice.


Answer

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