Legal Grounds for terminating probation

[myLADY]

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Yes! kay waman gd koi hard proof so i used the word "daw".

[shiira]

para sa hingtungdan, wla naman daw cya paki bsan papahawaon xia ky basin diay dili proportionate ang worth sa trabaho assigned sa iyaha vs iyang sweldo. makasabot rajd daw cya nga moingon ang company nga malugi cla nya. pero nganong buhat-buhatan pman gud ug aning storya.

[noy.juan]

my comment on #1

1. Like, for non-regular employees, duty kay 9AM. Moabot cyag sayo sa ofis, deposit iyang mga butang den eat ug breakfast. Comes back before 9AM. Bosses nya nag ingon nanu daw mosud den mogawas xia pag breakfast. Come to think of it, wla na unta to sila labot ky dli pagd office hours dba.

normaly if naka login naka you are required to work na... if mokaon paman diay siya wala nalang tana siya ni login usa... still prerogative na sa employer if i strictly imposed na niya... kay ang counting sa working hours starts when you logged in




im no lawyer this just based from my understanding on corporate/management policy, yet its better to have this directed to NLRC


dili paman diay siya regular so contractual pana siya pero under probitionary... some companies before giving fixed term contract sa usa ka empleyado mo agi pana ug evaluation... if dili ganahan ang employer nimo... pwede ka i hagbong sa evaluation before maabot ang 6 months period which is required by the law... to what ever reason sila ray kabalo... usahay man gud confidence and trust is the reason why some employer fired their employees even if nindot siyag trabaho... pangitaan nalang nag rason... for legalities...


question.... WHAT IS YOUR DEFINITION ON "SUFFIFCIENT GROUND"? on words lang nimo...


usahay man gud maski petty reasons is enough to remove an employee.... TRUST and CONFIDENCE


again im no lawyer just an open-minded person who fear the law more than the bible... and read Labor Code and Family Code than the bible!!

[twEATer]

unsay imong ma suggest nga plan of action? lihukon na daun ni ang pag adto sa DOLE before sa Jan 30?

Naay ako kaila sa previous company nako TS, daog sila sa kaso sa DOLE. Kabayad ang company sa ato nga employee ug 60K more or less tungod sa illegal dismissal. Wala lang ko idea kung gi-unsa pagdetermine sa bayronon.

[shiira]

boss, dili daw cya mo login inig abot nya.ky regardless bsan 6am paka moabot sa ofis, required ka 9AM jd ang sugod sa login for probationary. bsag kinsa nga nanarbaho ug tarung kabalo ana sa working hours nga i.follow jd nmo

[twEATer]

to what ever reason sila ray kabalo...

Boss dili man dyud na pwede nga ang employer ra makabalo unsay reason for termination. And I quote again (see below). Whatever reason it is why an employee fails to qualify to be a regular employee should be made known by the employer/company to the employee.

The reason being naay 3rd month and 5th month review para dili na hulaton ang 6th month kay molapas gani ug 1 day lang after the last day on his/her 6th month probationary period, automatic, regular dyd ng employee.

"...when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement."

[shiira]

3rd month paman ron nya sir. wla man review2x of some sort sa performance. dretso naman cya terminated.

[Scott Bernard]

"Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee."

sourc

Boss... you have answered your own question.

Naa bitaw gebutang nga "when he fails to qualify... etc2x.". Pwede jud maka buot ang company nga dili ka e hire...... UNLESS if REGULAR employee naka, then that is the time dili naka dali2x ma terminate sa company.

Dili ko HR, pero I have experienced being a contractual employee from two different companies before being hired as a probationary employee.

I have former officemates who were not hired as probi, or were not granted regular status because they did not fit from the Company's standards.

We even have TRAINEES whom, after their training period... some of them were not hired due to reasons such as insufficient vacancies.

.....

This is just my advice for some of the posters here that blabbers "unfair, unjust, etc2x". This is the fact.

Find another job or company if you are not hired. If you want to raise your concerns at DOLE, you can try but I don't think your complains will have a fruitful response.

[twEATer]

Boss... you have answered your own question.

Naa bitaw gebutang nga "when he fails to qualify... etc2x.". Pwede jud maka buot ang company nga dili ka e hire...... UNLESS if REGULAR employee naka, then that is the time dili naka dali2x ma terminate sa company.

Dili ko HR, pero I have experienced being a contractual employee from two different companies before being hired as a probationary employee.

I have former officemates who were not hired as probi, or were not granted regular status because they did not fit from the Company's standards.

We even have TRAINEES whom, after their training period... some of them were not hired due to reasons such as insufficient vacancies.

.....

This is just my advice for some of the posters here that blabbers "unfair, unjust, etc2x". This is the fact.

Find another job or company if you are not hired. If you want to raise your concerns at DOLE, you can try but I don't think your complains will have a fruitful response.

When he fails to qualify provided that the reason why he failed to qualify was made known. Padayona ug basa boss ayaw i-dot3x etc.... kay dili nimu makuha ang whole sense sa statement. Was it made known? Ang story ni TS was, iterminate (or giterminate na ba) na ayha pa ang investigation. Pwede ba na? The fact is written on the Philippine Labor Code. Let that be alone the basis, not the experiences that one or another has been through kay magdiffer dyud na kay naay uban companies dili ga-abide sa Philippine Labor Code kay magsalig kay walay magreklamo.

Ang probationary period means hired na imu status. Mao gani na gaisulti sa HR d b, "congratulations, you are hired but you will undergo probationary period". Mao gani issuehan na ka ug company ID. Ang shifting to probationary to regular is service continuity, if they would still want your service for the company.

[twEATer]

Lahi pud ng trainees boss kay naay uban contract which covers the training period under the probationary period and naa pud training period lang without a contract. That scenario will not fit with the topic kay probationary na man status sa amigo ni TS. If naa man gani reason why the trainee was not hired, then maybe he didn't pass the training at all. Pero insufficient vacancies, aw pataka lang ang HR ug forecast sa needed manpower nila.