Legal Grounds for terminating probation

[MaInEvEnT]

---

Pero what we are hearing is ang side of the TS' friend... only his side of the story... Of course if cya cguro pa ingnon, wa jud cya'y late2x, iya mga reports okay jud and etc... pero wa jud ta kbalo unsa jud, wa sad jud ta kita sa mga reports na iyang gipang himo and how he does his tasks. You can consult sa DOLE but mura'g lisud2x jud nang kasoha labi na nga probationary employee pa cya.

[crossramz]

Aw boss naa man gud sa balaod nga maski probationary ka dapat naay just cause ang pag-terminate. Company rules and regulations even the contract will never supersede the rule of law. Dili nga buot-buot ra ang company nga maka-terminate kung feel nila kay probationary ka.

"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."

source: Official Website of the Department of Labor and Employment

Ang pangutana was he even informed sa iyang weakness? Was he informed with the standards that he needs to meet? Was it documented?

bro, yes there is a law, and TS friend circumstances may fall on your highlighted post. It was and will always be a sole discretion of the company (represented by HR,supervisor or immediate head). Lets say dili cya pwede i terminate pero pwede ra gihapon i-end contract.

For the benefit of all, pwede ma post ang contents sa contract ilang gipirmahan TS sa iyahang probationary?

[stockings_123]

labor code:

The services of an employee who has been engaged on a probationary basis may be terminated for:
1. just cause; or
2. 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. (art. 281)

check if there is really a contract providing that he is a probationary employee. if wala, automatically considered regular sha.

if there is a contract providing that he is a probationary employee, standards should have been explained to him on the very first day of work (rules and regulations, company policies and practices etc.). if not explained to him, illegal dismissal...

[St_Michael]

Tinud anay lang the company does not need any heavy grounds to terminate within the probationary period. Provided the notice is given early

[moneymagnetmom]

Tinud anay lang the company does not need any heavy grounds to terminate within the probationary period. Provided the notice is given early

I'm sorry but i have to strongly oppose on this.

All employees including those who are probationary in status has all the right to due process esp in terms of termination of his/her employment with the company. Employer has to provide all the necessary documents that will prove that the employee was not able to meet the company standards for regularization, hence may need the following:

1. Coaching logs (signed by both employee and direct superior)
2. Performance Improvement Plans
3. Notice to Explain, Notice of Suspension (in case of reasons pertaining to the employee not adhering to any of the company policies)


Daghan pa kaayo angles to look at in terminating an employee. Always remember, "What is not documented. did not happen".

Sad to say, employers have to follow this since this is the Labor Law of the Phils. I suggest to the employee to file a case in NLRC once termination is executed. The case may take long depending on a couple of factors but rest assured you will receive a considerable amount of money for "Illegal Dismissal".

Hope this helps.

[moneymagnetmom]

Just to add, terminating a probationary and a regular employee is just the same...these two only differ in the benefits they receive as an employee. If you talk about terminating them? Both deserve due process and reason should be with "Just Cause".

[fyi]

true. anyone here from VCust? grabe kaayo na sila maka abuse og employees..

[St_Michael]

@moneymagnetmom

I agree. It may not be fair but that is the reality.. For just a small reason probees MAY be kicked ou or not turned to regular.

I have a few points for both sides:

COMPANY

- the purpose of six months probee is to assess if the individual is suited to the company.
- if the individual does not fit your organization (skills or personality), would you really want him to be regularized?
- if the company will turn him to regular, they will have more difficulty in getting rid of the individual.

Employee
- would you really want to be with a company that does not want you?


Evidence for grounds can be as small or as big as the company can produce. Especially for non performing employees those are very easy to come by.

[moneymagnetmom]

@moneymagnetmom

I agree. It may not be fair but that is the reality.. For just a small reason probees MAY be kicked ou or not turned to regular.

I have a few points for both sides:

COMPANY

- the purpose of six months probee is to assess if the individual is suited to the company.
- if the individual does not fit your organization (skills or personality), would you really want him to be regularized?
- if the company will turn him to regular, they will have more difficulty in getting rid of the individual.

Employee
- would you really want to be with a company that does not want you?


Evidence for grounds can be as small or as big as the company can produce. Especially for non performing employees those are very easy to come by.

Makes no sense...the issue here is the legalities and due process for terminating an employee.
It is given that probationary status is for an employee to prove his worth, however, employee deemed not fit, hence company has to prove. How? present substantial documents. If company can't provide, company will shoulder the burden of paying a non-performing employee until such time the supervisors/managers learn to do it the right/legal way.

[SioDenz]

Tinud anay lang the company does not need any heavy grounds to terminate within the probationary period. Provided the notice is given early

So ang Kriminal naay Due Process pero ang Employee wala. Ka klaru ang balaod dha about sa rights sa employee bisag unsa pa na nga status dha... nya topic is ang Paagi sa pag terminate nga way klarung reasons...