A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment. A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer. The word probationary, as used to describe the period of employment, implies the purpose of the term or period. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (Escorpizo vs. University of Baguio Faculty Education Workers Union, G.R. No. 121962 [1999])
GOVERNING LAW
Probationary employment is governed by Article 296 (formerly, Article 281) of the Labor Code, which reads:
- ART. 296. 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.
GROUNDS TO TERMINATE A PROBATIONARY EMPLOYEE
Article 296 states that a probationary employee can be legally terminated: (1) for a just cause; or (2) when the employee fails to qualify as a regular employee in accordance with the reasonable standards made known to him by the employer at the start of the employment. The limitations in dismissing a probationary employee are:
- First, this power must be exercised in accordance with the specific requirements of the contract.
- Second, the dissatisfaction on the part of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law;
- Third, there must be no unlawful discrimination in the dismissal.
NEW CASE
In the recent case of Dusit Hotel Nikko vs. Gatbonton (G.R. No. 161654, 5 May 2006), the Supreme Court found that the employer failed to present proof that the employee was evaluated or that his probationary employment was validly extended.
In this case, the employee was hired for a 3-month probationary period (the period provided by law is six months, but this may be shortened or, in appropriate cases, extended by agreement between the employer and the employee). For its defense, the employer claimed that the 3-month probationary employment was extended for another 2 months because the employee was not yet ready for regular employment. The employer presented, as proof, a Personnel Action Form containing the recommendation.
However, the Supreme Court noted that the Personnel Action Form: (1) was prepared on only in the fourth month, well after the 3-month period provided under the contract of employment; (2) the recommended action was actually termination of probationary employment, and not extension of probation period; (3) the action form did not contain the results of the respondent’s evaluation; (4) the action form spoke of an attached memo that allegedly contains the recommendation for extension, but the memo was not presented; (5) the action form did not bear the respondent’s signature.
Therefore, in the absence of any evaluation or valid extension, there is no basis to show if the employee indeed failed to meet the standards of performance previously set.
EFFECT OF VALID TERMINATION OF PROBATIONARY EMPLOYMENT
At the expiration of the probationary period, the status of the employee becomes regular. Since the employee in the Dusit Hotel Nikko case was not dismissed for a just or authorized cause, his dismissal was illegal, and he is entitled to reinstatement without loss of seniority rights, and other privileges as well as to full backwages, inclusive of allowances, and to other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.
EXTENSION OF PROBATIONARY EMPLOYMENT PERIOD
In Mariwasa Manufacturing, Inc. vs. Leogardo (G.R. No 74246, 26 January 1989), the Supreme Court stated that the extension of the probationary period was ex gratia, an act of liberality on the part of the employer affording the employee a second chance to make good after having initially failed to prove his worth as an employee. Such an act cannot unjustly be turned against said employer’s account to compel it to keep on its payroll one who could not perform according to its work standards. By voluntarily agreeing to an extension of the probationary period, the employee in effect waived any benefit attaching to the completion of said period if he still failed to make the grade during the period of extension.
[See also Discussion on Labor Advisory No. 14, re one-month extension of probationary period during the community quarantine.]
Hi Sir,
Is the issuance of memo with out verbal warning makes it illegal?
pax, depends on what kind of memo and the procedure under the company’s code of conduct, if any.
Greetings!
I would like to consult the situation of my friend. She is hired as a Sales Manager in a certain leasing company effective June 1, 2016. Her functions being on that position is to handle her sales group and also to generate sales as an individual. Just last week (barely 3mos from June 1), she was asked by her superior to tender her resignation effective end of August, 2016. The reason is mainly is she has not generated sales in favor of the company. Inspite her exceptional ability to generate database of prospective clients that needs ample time to work out each client for her to generate such sales. On her sales pipeline you could see the progress of in her negotiations and need some time to customize the needs of each client to close the deal. In short, marami sya talagang prospects na posibleng maisarang deal, marami syang nagenerate na database ng clients. May I know the ff;
1. What is her status as a Manager? Probationary or regular? In her Job Offer Sheet it states no prabationary period.
2. On the said Sheet, her Health Plan is upon permanency. Does it mean she is on probationary status?
3. Is it premature to ask a Manager to resign due to non-performance while she has numerous prospects currently in progress for closing?
4. Should she give in to the demand of her superior?
Pls enlighten her situation. Thank you very much
Good day,
Would like to consult my friends situation on her present company that she worked in.
She renders 6 months of project based period and almost 6 months of probationary from October 2017 and will end this coming April 12, 2018. She acquires very good performance within the range of her employment with no lates and barely absent. But despite of those performance, her superior has to terminate her contract this April 12. For the reason that her Course were not applicable in their field of work. Which is in the first place, could be discussed upon employment and she shouldn’t be employed.
In addition to that, she was informed about her dismissal 8 days before her end of contract.
Being so shocked on that news she couldn’t response, speak and think straight in front of her superior so when he let her signed her work KRA, she just immediately signed it without any chance given to provide any written explanation to justify her side.
On this case, Is her employer liable with any deviations with regards to her termination?
Hoping for any response
Have a great day and God bless!
if a person is offered a job stating that he’ll receive a salary of Pxxxxx.xx that his pay grade is a managerial pay grade level but he’s on probationary for 6 months and the job offer states that he has many benefits including allowances and xx number of days of vacation leave per year WITHOUT stating the effectivity of all these benefits, when is the legal effectivity of the said benefits?
Lex, I got this nagging feeling that this relates to an actual contract (with, of course, an actual employer). Imagine what will happen if that employer happens to be our client. =) In any case, a contract has to be considered in totality, which means that each provision has to be referenced to the others. We can’t do that unless we see the contract.
not related to probationary employment but nonetheless, i just need to know that if a person has signed a 6 mo contract, then afterwards, is offered a renewal contract and signs it, does his/her status still remains contractual?
Sir,
Supposed one was employed on the following conditions:
>Probationary period is 5 months as stated in the contract.
>Performance evaluation covering 3-months employment was conducted by the employer.
Further,
>After 3 months, result of evaluation was disclosed to the employee.
>On the release of the evaluation result, there was no accompanying notice of action whether the probationary period would be extended or would be immediately ended.
>1 month later, employee was notified with a specific date of termination of employment.
>From the start of employment up to termination of employment, it is in total 4 months.
Now, if probationary period is the period in which “the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment”, doesnt this imply that performance evaluation should be done at the END of the probationary period?
Also, if the evaluation period only covers a 3-month period as opposed to the 5-month period specified in the contract, does this mean that in ACTUALITY the probationary period is just 3 months?
And, if actual probationary period is just 3 months, and employee’s service was enagaged by the employer 4 months, doenst this construe that employee worked beyond his probationary period, and was in effect already a regular employee on his 4th month?
with regards to the renewal of a 6 mo contract with another 6 month contract, that would depend on the contracted work are exactly the same in both contracts.
if the contracted work is much the same in both contracts, it will not qualify as a project contract but would indicate that the work contracted with is an essential work in the company that is supposed to be manned by a regular employee. ergo, the second contract becomes a run-around on the part of the company from placing the “contractual employee” into the regular employee roll, which violates the labor laws.
if the contracted work in either contract is distinct from each other, the second 6-month contract is a valid project contract and is allowed in the labor laws and jurisprudence.
the actual probationary period of 5 months would remain so regardless of the length of evaluation periods therein. in addition, the employer has the prerogative to vary the evaluation period from a 3-month first evaluation period to a 2-month second evaluation to fit the probationary period.
evaluation does not determine how long a probationary would be. an employer may evaluate monthly, every 2 months, twice, or about the end of the probationary period.
can a probationary employee who has not yet signed a contact of employment but only a verbal agreement be terminated without just cause?
is he entitled for a security of tenure even without a written contract?
is he entitled to be given the standard to be followed to be a regular employee?
employer is not deducting benefits like sss philhealth. pag ibig and withholding tax. what will be the remedy of employee?
HI
Need help, I just want to ask, in a private company when will sick leave and vacation leave be given? is it 1 year after date hired or 1 year after date of regularization?
Hi Sir,
I would like to seek for legal advice regarding my current situation.
I have been with my current company for eight months already. The first six months were under probationary status and I was given another contract to sign for regularization. I have tendered my resignation already which will be effective on my 9th month.
My concern is related to my leave credits.
According to our handbook,
* Upon regularization, an employee would have earned SL days with Pay of 1.25 days by the number of months’ probationary period. (e.g., 1.25 days x 6 months = 7.5 days).
* Upon regularization, an employee would have earned VL days with Pay of 1.25 days by the number of months’ probationary period. (e.g., 1.25 days x 6 months = 7.5 days).
However, our admin officer informed me just recently that this particular provision in our handbook was overlooked and is due to be changed.
According to him, we are due to acquire leave credits upon our regularization. If this happens, the number of leave credits that I have now, after 8 months of working for them (10 SL and 10 VL) will be substantially reduced to only 2.5 VL and 2.5 SL.
My question now is this, is it legal for the company’s management to institute such change (especially diminishing the benefits which they have put in place and was oriented to us since the first day of our employment)? As an employee, what legal protection do I have against such unfair practices?
I hope you can give light to my questions.
Thanks in advance,
YnaCM
any update on this?
Hi Sir,
Are probationary employees entitled to a separation pay?
Thank you so much..
Probationary employee are only provided with his last pay and 13th month pay upon separation.
how about tax return?
hi sir,
wat if in case of signing of a probationary contract and the employee decides to resign with reasonable grounds e.g. health reasons, is he liable for any bridge of contract? i’ll wait for your response sir. pls email it to yellowgirlofmarch@yahoo.com. tyank you very much sir.
Hi Sir what will happen if I cancel my probationary contract before starting to that company.
Hi Sir,
May I ask, being a probationary employee, in regular holiday such as Independence Day.
Should the employer pay us even we dont report to the office?
Thanks and regards
Hi, Please send copy of your reply. thanks!
Gud afternun sir,
I just want to ask if there is a law saying that living allowance of employees are taxable of 15% same us our monthly salary or even worst. I also want to know if the law about probationary employee is just the same with contractual employee? wherein since we are continuously serving in the same school (I am a teacher), minimum of 1 school year, does it mean we should be considered as regular? How come majority of us are still contractual even we are already serving for years. Lastly, I just want to ask if the city government has a right to change the date of implementation of the increase in salary announce in the news that it should start this July..
I hope sir you can help me with this matter. I don’t know a lot about the law or about my rights.
Thanks…
Hi,
Ask ko lang po what if kung ayaw naman magpadeduct ng employee ng mandated deductions: sss, pag-ibig, philhealth esp. income tax? Ano po ang maiging gawin?
Hope someone will response.
Thank you and Godbless.
Hello! I hope you can enlighten me on the matter and give me advice. I have been a probationary employee for almost 11 months. I understand that proby period is only upto 6 months. The company has mentioned for a need to extend three months because of the world crises. We agreed to do so but after 3 months, our evaluation has not even been done. Last June, my 9th month in the company, I filed a sick leave because I had to go for check up and the doctor advised me for 1 day rest although she advised me to be admitted in a hospital. I should have started enjoying the regular benefits since May but my salary was deducted for two days absence and I lost my incentives for the month June. Where shall I bring my case? Thanks
Hi! I just need some advice, one week left before our 6th month for regularization however we havent heard any feedback if we are going to be regularize or not. then 4 days before. Some of us was given a chance to be extended for a couole of month and some was advice that they didnt make it, and the rest including myself doesnt have any decision yet!
Is that a legal process for probationary period? As we get hired we were given an advice that we should know our status on our 5th month and now we are just surprise that we are no dont have a job anymore especially this coming Christmas. We are not prepared nor given a memo that this is going to happen. Do we have the right to sue this company regarding with their unjust management policy.
Hi
I’m on my sixth month.When I went to the office to work.They just told me that I am terminated na daw! I did not receive any notification or kung ano ang grounds ko.
Thanks
im 182 days with my employer yesterday (march 08, 2010)..my sup told me that im a regular employee by default coz im more than 6 months..she informed me, with that status ill be given another 2 months to prove myself.. i must admit that my scores were really low.. if in case my scores will not go up, she told me that i may be transfered to another department or be terminated…is it legal to extend another months for a full regularization & can they still terminate me if i will not get higher scores coz im regular employee by default?..
your help will be gladly appreciated..many thanks..
good day sir,
Im rj i become a probitionary this last march 28,2010 as a company guard and so on this last may 5,2010 i was in my post the hr manager call me to there office and telleng me that i was early endo she said that the president wanted to endo me because he dont want my performance.is that fair for me as a probitionaty to early endo on very early without telleng or giving me a warning about my performance?
hello sir!
i am thankful i found your site. i really need legal advice.i have just dismissed from work, actually 11 of us. now, we think the grounds thrown to us are unfair because some of our colleagues have the same grounds but they still remain in the institution… some of those grounds are the ff: 1.) we are not yet married, 2.) we are not yet finished with our masters degree, and some do not start schooling yet. i have been a contractual employee in the institution for 2 years, continues contract for 2 years, all is contractual. Every semester, we just renew our contract. Now, the administration fired us out on the last day of our contract without any notice that they won’t renew our contract for the next school year. they just told us that they won’t renew our contract for the first semester of the next school year with those grounds and just come back if we comply all those grounds. we have asked advice from DOLE and they passed us to the NLRC. We are advice to file illegal dismissal and backwages, and we did so. Now, i want to ask if we have fight on the case since we are only contractual.
Thank you! i will be waiting for your response on this matter! God bless!!
Hi Sir,
Can I use the sample above, “ex gratia” to extend one of our employees probationary period to another 3 months? We did an assessment on his 5th month and another one on his 6th month. Still, we can’t tell or decide and we feel the time is not enough to determine if he is fit or not to be a regular employee.
Many thanks.
Hi Sir,
Good day!
Im an ESL Teacher who works in Japanese company here in Cebu. I would like to ask about my regularization rights, because just this month i signed a regularization contract but the problem is that my basic pay is still the same as my probationary pay. My questions are: Is it stated in the regularization law that as a regular employee my salary should increase? If it will how much percentage will it be? and if the company will not agree on it what legal actions should i take?
Please do help me in, i really am not knowledgeable about our law.
Thank you very much and more power
Hi, Sir. I would like to seek advice regarding this matter that our family is currently undergoing. My husband was diagnosed with severe obstructive sleep apnea and is currently undergoing treatment for his condition. This means that he involuntarily dozes off during daytime(daytime fatigue). Unfortunately, this has been affecting his work badly. He is on his 5th month of probationary period at this certain company. He was advised by their HR personnel to make a letter of appeal on why they should retain my husband in the company and continue with the rest of his probationary status. I guess his co-workers and bosses thinks that him dozing off means that he is slacking off. My question is, is it legal for the company to terminate his employment based on their perception that he is incompetent. We have necessary documents to support that his episodes of “sleeping at work” is due to his sleep apnea and we’re currently doing something about it(meaning spending a big amount of money on the treatment). Based on his productivity, he is doing well, but he believes that this is overshadowed by the fact that some people in his office would see him doze off (note: my husband received several merit awards from his previous employer despite him having this condition). Is there a law here in the Philippines protecting people with sleep apnea against discrimination and unjust termination? I believe in the US there are certain laws pertaining to the protection of laborers diagnosed with sleep disorders such as this. Thank you very much.
Good day!
Is it a valid memo if you are warned thru e-mail? No printed papers and signature or so and no verbal agreement between employer and employee regarding that.
Let’s say the company policy indicated that an employee is only allowed a maximum of 3 memos, what if those so-called memo’s were only sent thru e-mail, wasn’t even discussed. The employee just received it and the employer didn’t even require a feedback or at least an acknowledgement that the employee has received it and that he/she noted it or understood why he/she received that email.
What if the employee already received that kind of mail 3x, does the employer have the right to terminate the employee under those circumstances?
Hi Sir!
Could you please give me an advice on my current employment situation? I’m exactly on my 5th month of my probationary period today, Jan. 2, 2012, and on this same day, I decided to give a letter to inform my employer that I’ve decided to extend my service to the company up until the end of my probationary contract only, Feb. 2,2012. (My last month will also serve as my 30 days turn over period.)
My question is: if ever my employer does not accept my letter of intent to end contract, do they still have a hold on me even after the end of my probationary contract expired? My immediate superior told me that there is a difference between a probationary contract and the typical 6 month non-probationary contract.
I hope you could help me on this. Thanks! 🙂
Hi Sir,
I am working in a call center company for more than 180 days or six months,my rating did not pass the required score to become a regular employee and I have not signed an agreement that I will be given and extension if ever I will not pass the required score.Is it true that I am already considered a regular employee?If I was just given an extension what should be the correct process?
Gudevning Sir..
I am a probationary employee and has worked for a certain company for 2 months and I decided to resign. Right now, the company is holding my salary.. Is it right for them to do that? Could I demand for my salary?
Am I required to stay for at least one month?or would a 2-week notice be enough?
Contract Terminated by Employer.
A new employee has been hired by an outsourcing company (employer) and been handed out to our client.
After a week, he/she was forced by my employer to resign because of the skills did not fit on the project said by the client.
Factors to consider:
1. He/she passed the interview made by the employer
2. He/she passed the interview made by the client
Another issue was the schedule.
The employer and the employee agreed that there will be no Sunday work during the interview and before signing the contract. The employer told the employee that there will be Sunday work but it will be a rare case and it can be arranged with the client Team Lead if the schedule was appointed to him/her, by swapping.
After the client orientation to the employee on the 2nd day. The schedule agreement was not mentioned to the client by the employer. Then the next day, the client decided to report the issue to the employer.
The employer decided to wave the contract and pay the employee amounting half month of his/her salary. And will provide a Quit Claim to be signed before giving the money.
Can you please help the employee with this case?
From what I’ve read so far, from this blog site as well as other online sources, probationary status can indeed be extended, but only if notice is duly given prior to expiration of the six-month probationary period, NOT after it has expired. The head of our HR, a lawyer, says that that provision of the “Herrera Law” covers only rank-and-file employees, not officers. Therefore, officers can be terminated anytime. Is that statement factual or accurate? Thanks!
I’m an employee at an English language school. I have been working in this academy for 1 year and 2 months.The last time i signed my contract was in November 2011. The said contract only lasted for 2 months, that is, from November until the end of December. After the end of the contract, the company did not let me sign another new contract. However, the company wanted me to sign a new contract after one and a half months without any further explanations.Instead, I was verbally notified by my Head teacher that I wouldn’t be able to receive my salary if I didn’t sign the said contract. Despite that fact, I did not sign a new contract. My questions now are; first, Am I already considered as a regular employee in this company?(knowing that I’ve already been working for more than a year). Second, Is there a strong possibility that the company will terminate my status since i did not sign a new contract? Third, What advice could you give me?
management staff
question? an employee was hired as team leader in a call center and he/she signed a job offer stated as probationary for 3 months, and in a snap of finger without any evaluation and not given period of time, to proven themselves that they are fit and meet the company standard was fired because of impression as per employer. Is that valid to terminate his/her employment? what steps do we need to do first?
—————————–
agent staff
And one more thing with about their agents was detained for 45 mins because they cannot go until they signed the training agreement which is supposed to be given on the job offer itself and that will bind the contract and the job offer. the employee already done with their training they are already dialing on the floor and if they made mistake on the spot they are fired and scorted to hr for clearance.
please email me the response willy_4you@yahoo.com
management staff
question? an employee was hired as team leader in a call center and he/she signed a job offer stated as probationary for 3 months, and in a snap of finger without any evaluation and not given period of time, to proven themselves that they are fit and meet the company standard was fired because of impression as per employer. Is that valid to terminate his/her employment? what steps do we need to do first?
—————————–
agent staff
And one more thing with about their agents was detained for 45 mins because they cannot go until they signed the training agreement which is supposed to be given on the job offer itself and that will bind the contract and the job offer. the employee already done with their training they are already dialing on the floor and if they made mistake on the spot they are fired and scorted to hr for clearance.
hi sir, my son just went through a 6 months probationary period and recently been regularized. accordingly, the seniority of employment is reckoned from the very first day of his probationary period. during his regular status, his salary was increase from 265 to 270 with 5.00 difference. is he entitled to a differential back wages 6 months prior to his regularization since his employment is reckoned from day one of his probationary.
please advice. thanks and much appreciated
Hi Atty.
I am nearing the end of my 6 months probationary period. However, I do not wish to renew my contract with them (even if they offer regularization). Do I need to write a formal notification on my 5th month? I am worried that if I don’t notify them they would tell me to serve another 30-days for turn-over.. I am willing to finish my contract with them but do not wish to extend.
Also, since I just worked for them for 6-months, will I be able to get the taxes which they witheld along with my final pay?
Thanks!
Would you mind to enlighten me on this one.
There was employee given 3 mos probationary period. He was not given any notices that his probi will end soon, but he was still working in the company. May i ask if that employee will be considered as a regular employee?
If the company will still make another extension of his probationary even if it was a few days late will it be legally valid?
Is there any way on how to make the employee continue working as a probationary at least for another 3 mos? thanks
I have signed a probationary contract for 5 months. I am already on my 7th month of employment and no evaluation nor contract extension has been made. Does this means that I am already a regular employee? Please advise. Thanks a lot!
yes
dear sir/madam:
i am teaching in a university here in region 02, cagayan valley. first i got an office personnel position last august 16, 2008, probationary, and after 6 months i got my permanent status of appointment as office staff. when i learned that there was a vacancy in teaching in the same university, i applied and i got the position of no filing resignation to my prior employment. the university disregard my appointment which is permanent to again go back to probationary because of the change of position, from office staff to teaching. from that time that i got my permanent status of appointment as office staff, i received all my fringe benefits. but when i got the teaching position, all these benefits were cut. Do i have the right to claim and demand that i should receive the same benefits since there is no such transfer of a company? what status of appointment should i be considered? would i again start as probationary and back to 0 years of service of what? Coz as of now i am not clarified to my status, and am already serving 6 years the said university. May i be clarified to this. thanks ever so much.
hi.iam under probationary forbthe past 3monts my concern is an employee under probation are we also need t deduct the with holding tax? even we are not regular yet?
Good day!
I hope you will be able to shed light in the dilemma I’m in.
I was hired last March 3, 2014 and signed the contract with my employer. It is clearly stated in my contract that the probationary period is 6 months and no mention of possible extension. I turned 6 months last Sept. 3, 2014 and I have not received any feedback, 3rd month evaluation, 5th month and 6th month evaluation. To be blunt, there is no performance evaluation because the company is still starting and we are basically doing anything assigned to us – from admin to sales to assistants. There is no evaluation because there is no basis of performance in the company.
Going back, I turned 6 months last September 3. I got really sick from Sept 29 – Oct 3 and was absent. We don’t have any health insurance aside from Philhealth since it is mandatory. When I got back to work last October 7 and informed my boss that I just turned 7 months last Oct 3. I asked him regarding my regularization because I wanted to file my absences as sick leave. He told me (I screenshot his reply) that he needs a few weeks to work on my regularization because he is very busy and that he needs clients to sign up with the company so that we will have the revenue to support us. We don’t have any HR because this is a very small company composed only of 7 people.
Why question are as follows:
1. What are the possible legal actions to do regarding this?
2. If he plans to terminate me, is there anything I can do to defend myself knowing that we never had any evaluation regarding our performance.
3. How long am I supposed to wait for the “regularization” or “termination”?
4. It this legal to deny me of my sick leave when it has passed my 6th month working with the company when I got sick?
hello. i was under a 3-month probation for three months (july 14 to oct 14) now the company wants to hire me for a 6-month project-based contract. I will still be under the same department. Isn’t this a violation of the security of my tenure? please enlightened me asap! thanks.
another question: a co-worker finished her three-month probation. then she was transferred to another department. the company wants her to sign another probation contract. Is there a legal basis to it?
Hi.Ive been hired as a CSR in a BPO company and after 6 months started performing the job of supervisor which i applied for. No papers/ documents signed but just merely a verbal agreement. At first my manager said i will performing the duties of a supervisor under an apprenticeship program that has been abolished. 6-7 months in a supervisor position when my manager had me attended the new supervisors training but still with no documentation. My promotion got delayed too since i was given an action form with violations intended for a supervisor that has been trained. So it took me almost 8 months acting the position until i have to be hospitalized for ovarian cyst and have my uterus be removed. Now that i’ll be back to work my manager informed me that i will just be a regular agent taking calls and that i did not pass the probationary period ???????
how is that for being fair. Pls help.
Good day! I want to know if an notice of termination is given, is it legal for immediate executory. For example, the company gave me the notice of termination last Sept. 2, is it legal that the termination is Sept. 3? I am a probationary employee. Thank you.
I have been working with my current employer for only 2 months when I was diagnosed to have nodule on my throat. I was advised by my doctors to undergo operation. When I informed my manager about my condition and that I need to file a medical leave for about a month since I need time to recuperate after the surgery. He denied the leave and told me that due to the nature of work I may not be fit to work.I have presented all the medical documents to file a medical leave because I’m scheduled for a thyroid surgery first week of January, however, they did not honor it. So now, I’m not sure what to do. Can you please advise me of what is the best thing to do? I’m afraid that they will terminate my employment since they did not approve the medical leave.
What about if the employee is already working in the company for nine years and still the status is contractual, Is it illegal? If the employee is suppose to be a permanent one. In the event that the employee wants to resign will, the employee get a separation pay?
Good morning. I may ask what happen when the employees finish one contract with 1 month notice but in the contract that he sign mention need 3 month notice ? But also in the contract don’t mention any clause which describes a penalty or sanction for this act.
Thanks
HI! Good afternoon! I just want to ask what is the ruling on probationary pertaining to their salary? My sister is connected with PNP, and her appointed was effective December 2014, but for 3 months period they havent received any salary. They were told that their probationary period is 3 months. They taught they would received their whole salary from December 2014-February 2015, but they are only paid the 1 month salary, 15th and 30th. And they were told that the whole amount due would be paid in June. Is that right? Because i also work in the government, my new employee under 3 mos probationary is already paid with their salary on 15th & 30th but through Disbursement voucher system and check. After 3 mos, they will now be included in our Payroll and their salary will be though ATM Account. Pls enlightment me about this. Thank you!
hello. I hope you can give light into this concern. I entered into a three month contract with a non-profit org as a field researcher. now the contract ends on may 12, 2015. my concern is I have accepted another job offer because the field researcher’s job does not require me to go to the office everyday. is it possible to end or cut my contract with my first work?
hello! i hope you can give me an advice. i am currently working at this DASMARINAS (Cavite) based call center company since last October 2014.Unfortunately, due to some reasons, i have not yet completed the “bank requirements” so until now i don’t have an ATM and i am receiving my salary thru check. Because of this (according to what our HR told me), our main office, w/c is located in Pampanga , mailed my April 23 salary to my home address..which i haven’t receive till now. i already check our local post office yesterday but they told me, its not there yet.our water and electricity service was disconnected. and to top it all, i have a 1 month old baby. also, i can’t report to work because of lack of budget. before this, i’ve been absent only twice and entitled to a bonus (P10k-P20k) for hitting our “metrics” for this month. but i am about to loose it since 1 of the dis-qualifier is having 3 absent or more in a month. i really feel that what they did to is not right. please advice me. thank you and more power!
Hi sir,
is it possible to renew the contract after 6 months, like he/she signed the 6 months contract and then the employer would like to continue his/her contract for another 6 months contract.
Dear Sir,
I got in as a regular item in a government institution since February 2015, on a probationary period for six months. It’s been more than three months and I haven’t received my salary yet. I follow-up on a regular basis, but the response is similar every time – no people to sign my papers, or there are a lot of papers (including mine somewhere) on this person’s desk; cashier office will just ring me once the papers are ready. At the moment, my pockets cannot afford to just wait for their call.
By law, how long is the allowed duration for a new employee on probationary period to receive his/her salary? I failed to find an answer in the Labor Code of the Philippines. I just want to be informed so I can find a way to expedite the process.
Thankfully yours,
Marian
My question is, I signed for a probation contract and in case I don’t want to continue, do I need to give them a 30 days notice, since according to the law I know for under probation that “anytime the employee /employer can terminate their contract” thank you
Hello sir,
i would like to asked you about my situation..
I am already 9mon.in my job but still im not yet regular ..i was hired without any contract that was signed but verbal only..our employer said that 5mon.is the end of my contract…and yet when my contract is near ….i was been extend…and now i stay here for 9 mon.and when i was asked my employer if i could go home for 5days cuase my another end contract will come,my employer said that…i allowe you only three days…cuase there is no end duration of your contract..and then i was wondering sir if there is no duration of my contract..am i entitled for a security of tenure even without a written contract…and am i entiled to given the standard to be followed to be a regular..
Please sir i need and advice.thank you.
Hi Sir,
just want to ask the complexity of my situation regarding my manager, we hired him last jan. 2015 as a replacement of me to take over business development since i will be heading overseas. I expected him to lead and take over on my responsibilities to run the office in Philippines but since then i never really witness him excel in his position instead he still waits for order from us and has no initiative.
we are not convinced of his performance so before his probation period ends, would it be okay to terminate to him? or possible to extend the probationary period to give him time?
Thank you and hoping you can give us an advice.
Hi,
I just want to ask regarding my current situation. There”s this certain company that give me a job offer it is contractual, they discussed the salary and benefits and the branch where i will be assigned. i have signed a paper stating my name, the position and check the box with the word accept and with my signature on it. i haven’t passed yet any requirements they asked me to pass so that icould start right away, but i don’t feel like pursuing this job, what shall i do? Is it okay if i dont pursue it? Does it cause damages for the company?
Hi, i have resigned from my current job on May 28 and i am willing to serve my notice till 30th June or max 1st July. I am still on probation. My company insists that I serve a 2 month notice period as in the company contract or they will take legal action against me. Due to some family problems i am unable to serve 2 months notice. what are my options.
hi..
Can you enlight me on what grounds shall i used if i am to file a case against my company. the situation is like this…
from my company, the owner owns two company. i was once the RME for the other company (under Pro b period for 3 months) but the AGM/GM for both have transferred me to their department but still under pro b for 3 more months. i resigned at the previous company and rehired by the other (same owner – same GM and AGM) the duration will be until on june 2 .. the evaluation was made by the AGM prior to June 1, and by June 1, he let me signed the evaluation from pro b to regular with an increase of salary effective june 1. by june 1, the owner declared that the AGM and the GM will render their last working days at the company effective june 2, 2015. now my evaluation paper was then passed to the acting GM and to the CEO. By June 16, 2015,yesterday, the HR manager called me over the phone that the acting GM and CEO told her that since the 2 personnel, the previous AGM and GM was not connected with the company anymore, their evaluation to me is not valid anymore and i will be re-evaluated by the acting GM and CEO and will be under observation again. i ask the HR manager up to when will it be and she told me she don’t know.
How shall i deal with this?
thanks!!!
Good day.
I am currently a probee and I have just been evaluated. I had a very poor evaluation because my boss had ill feelings towards me. May I ask if it is the HR who will decide the final status of the employee? I also want to ask if there was a way out of termination. As stated:
“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.”
It was obviously an unjust cause and the standards/job description was not made known to me in the start of employment, instead it was made known after 4 months of employment.
hi sir good day. I would like to ask if a person on prabation period and the employer extended the probationary period for another two months to further evaluate / it seems the person involved did not comply for the satisfaction of the company and after the extension the company plans to extend another two months more for additional observation Without even proper gcompany in the given period. Is that even legal?
Good pm sir,my husband ended up his 5 months contract in a well known restaurant but until now he was still working with the said restaurant without a renewed contract..he kept on asking the hr but the hr always refuses to comply with my husbands request of having contract renewal..on the 4rth of july it is his 6th months of work..what are we going to do..thank you so much
Hi Sir/Mam,
May i know the salary rate of the Tractor trail driver ? pay by counted or daily ?
thank you very much
Can an employee terminate the employment contract when he was evaluated unfit during the probationary period here in the philippines?
I have a employee who is on probation, i just found out that she is pregnant and was in fact pregnant at the very onset of her tenure with us but failed to declare her status in her application. Can she be terminated f or it?
If after a month, the employer tells me that they are letting me go because they realized that there is a mismatch between my experience and the person they REALLY need for the job, is that legal?
Hi Atty,
Can an employer just terminate a probie employee without any report and signed evaluation from the employee itself? Is it lawful to terminate his service in 5 months without any notification?
Need you answer ASAP. Thank you.
Sir. I just want to ask if an employer is allowed to withhold taxes on probationary employees? In my previous work, only upon regularization that the company will deduct taxes and I know some company as well that is doing the same. But in my present job, I am a probationary, and yet, they are withholding taxes from us. Is that legal? Thank you sir..
What will i do if the employer notified me 2wks before the end of my probationary period without any written memo that i will not be regularized? And then, they told me that I can stay for as long I can find a new job. But my probationary period is ovee and until now im still working with them. Can I file a case? There are no evaluation made for the past 6months. Please help
Hello,
I just recently signed a contract almost two weeks ago as a probationary employee.
I am working as a home based web developer. The contract said that I am not allowed to do any other jobs during or after working hours, meaning I am not allowed to get any other project and work with it even the working time for my current employer is over. If proved that I am accepting other freelance projects during or after working hours, I will be fining 300,000 to the company. They are paying PHP350/day on probationary employees. The thing is, If they don’t want your output or if you didn’t finish any work within the day. you will be marked as absent. There are times that I cannot finish a single task in one day because that’s how web development works and based on the rules, I am marked absent on that day. which gives me only less than PHP7000 for the whole month.
I was also not oriented about these rules and regulations before signing the contract.
Now, I want to resign from my company even my probationary period is not yet over.
My question is, does the company have any right to file case against me even If I didn’t finish my 6 months probationary period?
GOOD DAY,
I am regular employee(fieldwork) and received a memo regarding on my expense report and not attending in a cycle meeting. I answer all the memo and in a result they ask me to stay at the office however the problem is with out proper coordination and written memo.. one thing is our company main office is at Naga City ,Cam. Sur. And I am designated here at Calamba depo. I dont recived anything task at the office at Calamba.. Now financial problem arise because I am a bikolano and I dont have a family that will support here I decided not to go to work since I heard from my co worker that our HR keep on telling everybody that she will terminate me . I felt so embarassed and humiliated. What can I do about this. PLS. GIVE ME PROPER WISDOM ABOUT THIS SITUATION…
My employer during my interview and hiring two years ago, promised to increase my salary after three months of probationary employment. since then, up to now my salary never increased. Is this legal? We have no written contract and I am already more than two years and my salary never increased
We have a probationary employee who is excessively sickly and has a lot of absences. The problem is she provides medical certificate every time, but the excessive absences is no longer acceptable on the overall operations of the account.
As an employer, what are our options?
Atty. on 11 Nov 2015, my boss talked to me and informed that my employment will last on 13 Nov 2015 due to defalcation. I am just in my 4 months. He also informed me that my replacement will be on duty on 13 Oct 2015. Today, 13 Oct 2015, my replacement came and introduced. As agreed, i submitted a letter inclusive of my request for my untimely dismissal. They told me that i should beg for humility to get my salary, 13 month and OT because I have a loan which I do not do in my letter yet I demand the unexpired portion, payment of OT, Cash equivalent of HMO, return of debited loss money due to incident pick pocket while processing bus permit, condonation of Loan. I have not given noticed nor any letter in my termination. Does my termination valid? Do I have to report till my last day or should I go to NLRC for complaint? Please assist me.
Hello sir,
I am employed for 10 months can i be regularized?
Thx
Just confirmation after you sign in regular you intitle automatic increase.kapag ba ikaw naregular may increase po b
Regarding the Salary, if the contractor is promoted as permanent what or how much percentage of salary increase
Regarding the Salary, if the contractor is promoted as permanent what or how much percentage of salary increase
How long should the employer notify the employee about his/her end of contract?
Good Day!
I Just want to ask if the training period can be included in the 6 months probationary period. is it legal if we give 2 months training period plus another 6 months probationary period. before he she will be qualified as a regular employee?
Hi to all,
I need advise. I am an employee of a BPO company here in Tarlac. I was transfered to a different line of business after being on bench for two months because I have suffered from sore eyes during the traiming period of my first account. The bench period was only supposed to be for 15 days and been extended up to two months without notice. Now that I started with my new account with new bosses pirated from a different company who dont know much yet about the process of disputes here, I have suffered from multiple salary disputes from my previous account to present, and raised it with them, but didnt get any. Most of my colleagues have their disputes running for months as well. I was promised and my disputes were approved to be credited on a specific date but still dont get any. So I raised the concern again and I was embarassed how they asked me how much am I disputing. I told them that I will file for complaint with nlrc if I didnt get any resolution for mh issues. Then I still didnt get any, so since most of my colleagues have the same issue, I ask who will join me to nlrc through chat, then when they found out, they took a screen shot and right there and then ask me to log out and never talk to anyone and sent me home without having me sign anything by the orders of the account manager. I felt its wrong for them to do that. So can anyone tell what’s the right thing to do now?it is just today :'(
What if you are a graduate of 2 year course with diploma. And then the company have been very restrict on any employee should have a diploma of 4 year course. But why they have given me a chance to join the company if my credentials are not fit? I am now on my 4th month as probationary. I was wondering what will happen to my contract? Am i going to be fired or they will extend my probationary period until i complete your 4 year course?
Good day po sir, is it right po ba if an employee was hired for a probationary period of 6 months, pero 3rd month pa lang po, hinulog na po sya sa evaluation, without discussing or evaluating the employee? In the situation we had po, my husband was evaluated without discussion by the immediate superior to him, or even giving reminder or warning to change or improve his work (July hired, before end September po evaluation). He was formerly employed in the sister company for 8 years prior to his employment to the second company. Please enlighten us. Maraming salamt po.
If an employee was promised verbally by the employer that he will be employed for a 1 year project but then when they issued the contract a month after his employment.The contract stated that his contract is only good for 3 months but he was not able to return the contract to his employer and a order was also pass verbally the project will be stop. but he did not receive any memos regarding the termination of contract and the employer is just ignoring the employee.Can the employee file a case against the employer and can he asked payment for the remaining months that he is supposed to serve on the contract? What legal can the employee do
Hi Sir,
If the immediate superior will not recommend us for regularization and this is without just cause, is there a case we can file to DOLE?
Thanks in advance 🙂
Good day sir, just want to clarify on the contract I sign it that my probationary period will take 6mos then my employer extended for 2mos due to they have to coach me on my job and adtl work load. theyre asking mo to sign again the contract that im allowing to extend my prob.is this possible sir?
Hi Sir,
I just want to know, if probationary period for 5 months is possible to extend for another 5 months? Knowing that the company is giving consideration to the employee to prove that he is deserving to be a permanent employee? Hope you will help me to this matter.
Thanks!
Hi,
I would like to ask if a probationary employee is entitled to a holiday pay?
Hi Sir, pag project based po ba wala po ba talagang Government Mandatory Contributions? Just asking. Thank you!
I was hired as consultant for a small company. So no SL no VL no HMO etc. The GM said that after 6 months I will still become regular. On my 5th month i was following up with my immediate mgr my status. Almost before my 7th month, HR gave me a bunch of requirements that I need to submit – medical exam of my own expense, SSS, NBI Bgr Clearnce, Employee clearance from former employer etc.
HR said that my regularization will take effect after i have completed the requirements submission.
Is this legal?
Good day! I am a private school teacher. My employer set three (3) years of employment as probationary, which applies to my case. My third year as a probationary has ended last March 31, 2016, which means the probationary contract I signed has expired on the said that, which makes me unemployed as of this moment. This June, will be my regularization as a teacher in my school. But just earlier, I received a memorandum from my Principal due to neglect of duty in submitting school form on time, which I made a letter to explain why I am late, and with the request of the Principal to submit also a letter to explain my side.
My question is, is it VALID and LEGAL to address or send memo (cc to HR and to our school directors office) to a an employee whose contract doesn’t exist anymore?
I want to know because, in the first place there’s no ground anymore that memo applies because I am no longer a contract employee of the school. Can I send a letter to counter the memo?
are Probationary Employee entitled for COLA
Hi Sir! I been with my employer for 10mos. 6mos is my probationary period. After 6 mos. I didnt signed a new conract its either extend my probationary period or im a regular? i also dont have sss, philhealth. Since im absent for 6days due for fever, i just heard that they are hiring for my replacement. Can u give some advice?
Hi,
what if my proby contract ako..at my naka lagay na 50k banned kasi sinagot nila pamasahe ko and all in. Pero di naman sasapat sa 50k un..panu kung ng ka allergy ako sa work location due to water.?pwede ba ko umalis kahit na ka contract?and ndi original ung sign ko?
thanks.
Question… My Boss did not regularize me but I know it to be personal because few months back he wanted me to resign forcing me too he said he is for sure that I wont be regularized so my 6th month came and he ended my contract not informing me my stats were failing he never coached me or supervised me… He bullys me and he talks about me to other managers he embarrassed me several times at work… Is this constructive dissmisal??
Happy Day!
what are the documents that need to be signed by an employee if he already ended his contract?
Paàno po kung higit na 1 year sa company at wala pa ring pinapipirmahan sa regularization at wala din pong pinirmahan at the start of day one sa work? Need some advice po…
What is stated in the law about the salary of employee from probisionary to a permanent employee,should the salary have to increase?
Sir,
I just want to ask if a Probationary Employment Contract is required in order for a probationary period of employment to be effective?
Thank you.
Hi,
Good Day! I’m already a regular employee of an Airline company since 2011, previously holding the position of Aircraft Mechanic C, and recently been promoted for the next higher position – Aircraft Mechanic B (because of an audit finding within the company – due my current responsibilities do not match my current position. This promotion was supposed to be given 3-4 years back.) The problem is I feel used, because I was promoted only to reflect in our current roster that there is enough Aircraft Mechanic Bs within the company to sustain the airline’s operation and mainly to clear the audit findings. My salary remains as an Aircraft Mechanic C and was advised that I am under probationary period of 6 months before the salary adjustments would take effect. Could this be possible? Any legal penalties for the company?
thanks!
Hi sir, could a regular employee still be terminated if he/she failed their score requirements? Could he/she not be transferred to another account?
This is my 4th month in a call center company. I was expecting that my probationary period is until 5 months and on my 4th month i am already at 2.91 and the passing score is 3. The company is already serving me non regularization because i failed my 4 months stay, which i think should have been extended and given a chance until 5 months.
Do i still have a fighting chance for this?
hingi poh ako ng advise ako poh ay nagwowork ngayon sa isang company sa mandaluyong .5month na poh ako nung aug.6,2016 pero inextend poh ako hanggang aug. 20,2016…dito poh sa company na ito ay pabalik balik n poh ako….Ngayon poh na isinusulong na ni pres.duterte na wala ng contractual may habol poh ba ako na maregular dito sa company….at isa pa poh hindi poh ako binabawasan ng mga benifits like sss,philhealth,pagibig, atbp. ,,nawa ay matulungan nyo ako…
Godbless poh and morepower to DOLE
Hi Sir,
What if an employee failed his/her performance review? What can the employers do?
Hi Atty.
I need an advice from you. I dont know if may laban kc sa dati nameng employer. Sa pinirmahan nameng job offer nakalagay dun na e evaluate kme ng 6 mos for regularization. And it depends kung ma meet nmen ung assessment nila. To make the story short. 8 po kmeng trainees na terminate biglaan po, wala po clang notice na binigay as in pinapasok po nila kame ng maaga just to inform us na wala na kmeng aasahan, na terminate na daw po kme. Ang reason po nila hindi po namen na meet ung quiz or assessment nila na 90%. Nag file po kme ng case kc for us parang illegal dismissal ang nangyari kc one month (1 month) pa lng po kame. Paano nman po kme ma assess ng basta basta and hindi pa tapos yung training and ung assessment na binigay nila na computation quiz is para lang daw ma determine nila kung paano kame mag analize ng scenario, at isa pa hindi po yun ung cnsabi nila na 200 items na need nameng maipasa..
After po nung pagkatanggal namen, pinatawag kme ulit para sa backpay. Hindi po nila binigay ung backpay hanggat d kme magsign ng quitclaim and release. Sabi namen pirma kame basta ang ilagay nila for release. Hindi daw po pde. Nagopen po kme sa knila, nagbigay po kme ng letter for reconsideration pero ang sagot nila gawin daw namen kung ano ang mas makakabuti samen kaya nagfile po kame. Nagmeet na po kme sa arbiter pero yung arbiter parang kampi na po sa kabilang partido, ang sabi wala kameng laban dahil hindi kame regular para magdemand. Ang sagot po kc nmen paano.po kame na assess e wala pa po kme sa actual na performance and hindi pa nman tapos ung training nila ang sagot lang po nila wala clang magagawa sa part na yun. After po ng pag terminate samen ung mga naiwan po. Na demote po ung sahod nila, from 30k ginawa pong 20k. Ung mga umalma tinerminate din. Ano po ba dapat nemng gawin. Wala po kmeng pambayad sa abogado e. Sana po matulungan nio po kme. Ano pong maipapayo nio? May laban po ba kame?
hello mam/sir
i have question sa company namin march 11 po ako start ng ojt ko, tapos ngstart po sila datehired sa id ko is march 20,2016 so ang magiging duedate hired ko is september 20, september 21 na po ako pinatawag ng hr namin
para review ang evaluation ko, at agad niya sinabi sa akin na Recontract po ako wala po akong late,bolilyaso sa deployment kahit isa at 1 day absence ako at legal advice naman po yon,for 6 months,parang hirap tanggapin na hindi ako mareregular,
okey naman ako makisama sa mga kawork ko,
tama po ba mag expect na maregular ako at dapat ko ipaglaban na lumagpas ako sa 6 months duedate hired ko,
i need your advice mam /sir
thank u so much
Hello sir’
I just wanna ask ‘ the day i supposed to sign or renew my cotract but i would rather not sign it’ am i have the rights to get separation pay and my 13th month pay especially i work contractual employee for almost 2years
Pkimessage nlang po ako sa fb account ko’ tnx po
is written employment contract mandatory in the philippines or verbal agreement enough
Can an employee be terminated during his/her probationary period even though there was no feedback or performance evaluation done during the entire period? 1 week before regularization, the Manager of the said employee called to have the latter write and send a letter with the intention to extend probation. The employee has not complied with this request since this will essentially waive all his/her rights against possible illegal dismissal? am I correct? Some facts to consider:
1. This is for a branch head position with sales targets
2. Annual targets were not fully met yet
3. NO Sales officer was provided or hired by the Company to help work on targets (branch requires a sales officer post but was not filled)
4. Employee is 8 months pregnant and will be out for 3months – paid leave if regularized
5. No performance evaluation was done with the employee and is no signed document to signify Management was not pleased with her performance
6. 1 week before regularization the Manager of employee called to say that her probi period will be extended
Question is, is this even legal? Does this constitute illegal dismissal if the employee is terminated?
Are leaves like sickness, emergency and vacation required to be given during the six month probationary period? Thanks
Hihingi po ako ng advise or tulong sa sitwasyon ko.
Ako po ay isang janitor. Regular employee po ako simula pa po noong August 2014.
Kinausap po ako nung isang Boss ng kumpanyang pinag tatrabahuhan ko.
Ang sabi po sa akin ay, “Usap na, mag resign ka na, madami ng ang galit sa iyo”
Ako po ay nabigla sa kanyang sinabi. Na-blanko po ang utak ko.
September 16, 2016 po nung kinausap ako, morning shift po ako noong araw na iyon, 6AM to 2PM ang aking schedule.
Nung sinabi po sa akin na mag resign na ako, ako po ay umuwi na ng maaga bandang 9AM.
Kinabukasan po ay wala na ako sa schedule.
Ang supervisor ko naman po ay hindi din ako kinakausap ng ayos, at ako nga daw po ay tanggal na sa trabaho.
Sinubukan ko po magpunta sa HR office nung kumpanya. At idinulog ko po ang nangyari sa akin.
Ang sabi po ng HR ay madami na daw po ang nag rereklamo sa akin. May mga complaint letter daw sila na natatangap.
Yung mga complaint letter naman po na iyon ay hindi nakakarating sa akin. Kaya wala po akong kaalam alam. Hindi din po hinihingi sa akin ang aking paliwanag tungkol sa mga reklamo sa akin.
nag pumilit po ako na humingi ng kopya nung mga sinasabing reklamo, binigyan naman po ako ng HR pero hindi pa din nila ako hinihingan ng explanation.
Ang sabi din po ng HR sa akin ay pumirma ka na lang sa resignation mo.
Hindi po ako pumirma sa sinasabi nila na resignation. Pag pumirma po kasi ako dun, ibig sabihin ay bukal sa loob ko ang pag reresign.
Pagkalipas po ng ilang araw ay bumalik po ako sa HR para itanong ang aking status ng employment.
Ipinipilit pa din po nila na pumirma ako sa resignation.
Ang sabi pa po ng HR ay AWOL na daw po ako.
Paano po ako magiging AWOL ay sila naman po ang hindi nag bibigay sa akin ng schedule.
illegal po ba ang pagkakatangal sa akin?
Ano po ang maganda ko gawin ?
Salamat po.
Me nagrereply ba dito parang wala eh
Hello,
Good day to you! I have a concern about my friend about her proba period which will end this coming 26th day of September 2016. In the company contract, proba or regular should render 2 months before leaving the company but my friend wanted to leave by the time her proba period ended. DO you think it would be possible for her to have the right to leave without rendering 2 months? Kindly advice. Thank you
Hi,
I want to know If I have the right to file a case to a company that recently hired me but only gave me 1 day to work because I was immediately terminated oy 2nd day of work.
And if ever, what would be a just compensation for the company who illegally dismissed me. Hoping for ypur reply soon. Thanks!
I would like to seek for legal advice ..
Is probationary period can be one month only? or should be 3-6 months?
Thank you..
Judy
Hi sir, may I ask if what is the wage rate for a probationary managerial position in iloilo city, Philippines. I am employed with a Motorcycle dealer Corporation. thanks sir.
Is it okay to resign when I’m only under provisionary? Will I pay any charges for that from the company?
good afternoon Atty. is there any law for prohibiting probationary employee to take a leave? i.e. official leave (with proof)
Greetings Sir/ma’am,
I would like to inquire about my work in a company I already signed a 6 months probationary contract last May 26 2016 the contract date ended last November 26 2016 6 months to be exact on the contract it’s stated that i shall receive a notification whether I qualify or didn’t qualify for permanent employment but I haven’t recieve any notification now I tried to talk to my superior about the said topic and they told me that I’m already a regular employee now my question is am I supposed to sign another contract stating that I am now a regular employee? Right?
Hi sir
I was hired last november 2016 under probitionary period
I want to resign due to my family situation.
Is it allowed?how many days I will wait before the company let me go?
Thank you
Good day! I was hired by my company last August 2016 with 6 months provy period. I was evaluated during my third month. This week, I was advised by my boss that he is not satisfied with my performance and that I should do more. He extended my provy period but did not give a definite number of months.
My queries are:
1. Is the evaluation conducted during my third month sufficient to declare that I am not yet ready for regular employment?
2. Is the extension of my provy period valid? as there was no issuance of a written agreement to prove so or stating therein that I failed to meet the standards and just being given the chance to make up for a certain period of time.
3. What is the maximum extension of provy period, if allowed by labor laws?
hi sir i would like to ask advice on this, i’m a probationary employee and they terminated my contract on the fourth month after a heated argument with my boss of refusing to report once a week in their other branch, although we end up ok a day before my termination we agreed that i will be reporting the ffg. week to the said branch, this seems made a “lamat” on our relationship as superior -subordinate the next day we argued about other things. other dept head insult me and she denied that she tells something about what i’m claiming that she said, i even had copy of an email as a supporting documents of the things she’s denying even showed that to HR but right away the HR said she will fast trak my evaluation and on that same day i got evaluated, discussed my evaluation that it fails and forced to sign it, has no choice than to sign it ans i asked for copy but she refuse to give copy on that same day she issued, notice of termination.
hello, i just want to know is a probationary employee entitled to any terminal benefits
I’m a call center agent for 3 mos. I’m a performer and always on top for the past 2 mos.
But during this month of January, I’m at the bottom. If in case the company will gonna kick me out, can I file a case against them? please advise. thanks!
Hi,
I just need an advise. I am with my current company for two months already as probationary. Then, I am given a job offer by another company but need to start within two weeks time. As probationary for two months, is it ok legally to give a two weeks resignation to my current employer? I read in my probationary contract also, no mention of any agreement that I need to give them 30 days notice. Thanks
Hi,
My probationary employment has been ended for only 4 months.i just received a notice from my employer indicating the end of my probationary employment but without any reason stated on the letter.i reply to them asking for a grounds for ending my probationary status but i havent received any response from them until such time that i discover that they decided to close all their branches including our branch (cessation of business branches).as a probationary employee am i entitled to a separation pay even if i stay for 4months only? your response would be a big help for me…. Thanks
Hi,
My probationary employment has been ended for only 4 months.i just received a notice from my employer indicating the end of my probationary employment but without any reason stated on the letter.i reply to them asking for a grounds for ending my probationary status but i havent received any response from them until such time that i discover that they decided to close all their branches including our branch (cessation of business branches).as a probationary employee am i entitled to a separation pay even if i stay for 4months only? your response would be a big help for me…. Thanks
Hi Sir,
I need your help on below issue. i am seperated from my legal husband when i met my live-in partner now. Me and my live-in partner is working in the same company. he is being offered by a regular position but the company is asking if i am willing to give way and resign from my regular position. is this valid? we are not legally married and i am not carrying his surname.
If the employee did not meet the set standards and have been properly evaluated, do you need to give 30 days to probationary employee before you end his contract? I’m concerned that employee will no longer function efficiently if he know he will also be terminated.
Is probitionary employee are entitled to sick leave? Are they paid during their sick leave?
Hi,
I am a BPO regular employee, just last May 1 I was asked to undergo and finish my training for my account when in fact for 3 months I already dialed and was at the operations floor for the said time.
My question is, I was given a Notice to Explain Sheet regarding being absent during my training schedule and my trainor discussed to me the company training policy regarding incurring absences during training which in fact was only discussed just today May 10th, 2017. And as far as I know that is only applicable for new hire employee policy for training.
If in case, during their deliberation they came up with a decision of terminating my employment will it not violate my security of tenure. And for the record, I only am on VERBAL WARNING STATUS as of this writing as they are only implementing those rules only now under new account management.
Please give me an immediate insights on this matter as deliberation will be on the 17th of May 2017.
I am working in a Engineering firm effective June 10, 2016 and until now May 15, 2017 I haven’t heard anything from my Human Resource manager about my employment status or employment evaluation. I did not asked her about my employment stauts but I asked her if by any chance I am eligible for Sick leave or annual Leave, she answered me I am Not entitled for Annual Leave since I’m not yet regular and on June 10, 2017 I will only have 2.5 days sick leave. May I Please ask your advise on this? Thank You
Hi,
I would just like to clarify, before terminating a probationary employee, is it required by law for the employer to set a 30-day render period before the employee leaves the company officially? As a probationary employee, do we need to finish the 6-month probationary period as it states on the contract given by the employer?
Hi,
Good Day.
I would like to verify if it would be alright to resign on my current company without a 30 days notice period? I’m under probationary period. In my contract prior to employment, the notice period is 45 days, and if this is not followed, it would be grounds for termination of employment and forfeiture eligibility for any last pay from the company.
What would be the consequences going forward of leaving?
Thanks in advance and appreciate your help.
Kind Regards,
Sir question po..
1. Yung employer di nagbibigay ng payslips, so di po namin alam ano mga deductions. Is it legal?
2. Mareregular lang daw po after a year of service. Is it indicated or are there any legal basis?
3. Pag naregular daw po 5 combined na vl at sl lang daw po. Den every year daw na earn? Tama ba?
Ang pasok is 8am-6pm mon to fri den meron pang 8-q2pm ng sat?
Please help us para malaman namin kung magsumbong na kami sa labor o di pa..
Good Morning id like to consult if tbere is a case of unfair labor practice against my brother’s employer. My brotber was hired january 6, 2017 and was given an end of probation notice last june 4. He waz not given any performance evaluation within that peruod of probation and he made several followup about it. The employer just simply stated that there is no longer a need and the account is no longer critical when he was given tbe end of contract.
Hi Sir,
May I ask for your insight? My friend is a probationary employee as a warehouse personnel involving a lot of heavy lifting job. It turns out that he developed a scoliosis and he presented the medical result to his superior. He took leave (1-2 day maximum in a month) during the time he’s experiencing a back pain.
However, after a 2-day leave due to sickness (flu), he was informed by his superior that that day was his last day at work and that the reason is his medical record.
The sudden notice gave a big impact on my friend’s mental and emotional estate for a couple of days.
I just want to ask if the dismissal is legal.
Hi I’m Currently a probationary employee in my company. and ended on August 5 2017 and this morning the the HR give an extention period for another three months for my probationary starting August 5 2017 to November 5 2017.my question is it valid na ganun po ginawa nila sa akin.because I think its beyond six month already.
i was being endorsed as probationary employee and after a week it was taken back because of wrong advisory… is it legal?
Atty. may 6 months po kasi akong pinirmahan na papel states that i am a probationary employee, is it a contract? eh ayaw ko pong mag regular dun sa company kahit na alam ko pong nagagawa ko naman po mg maayos yung trabaho, should i give them a notice that i will only finish my 6months probationary period?
Are probationary employees entitled to overtime pay?
Hi Sir, is extension for probationary period without justifiable reason can be subject to constructive dismissal? i stayed in the company for 3 months but the inclusive date of my probationary period is good for 2 months. If this is illegal, what is the appropriate title for the case?
My employer ended my probationary period stating that it is because the company has no projects lined up for me. I’m working as a Project Manager assigned to a sister company to complete projects/tasks. I noticed though that my company is still putting ads for PM and there were recent new hires. My company notified me on the 29th November that it will be my last day and presented to me my check for my last pay and a “bonus” equivalent to 1 month pay. Our HR said that it has been decided by management and that’s it.
My Client, the sister company of my former company, offered to retain me as a Consultant for lesser work days and pay. It is odd though that I am still “requested” to do “minor” tasks for my former company for a fee.
I believe i was terminated based on discrimination while my company still needs me to complete “minor” tasks.
Please advise.
Thank you
Max
Hi,
Thank you for this article. On the other hand, I would like to seek help regarding the situation I had with my recently ended employment with my company. I just had my 5th month review prior to my company ending/dismissing my employment with them. Evaluation sheet on metrics was discussed with me but I believe I was not completely coached or focused on since day 1. Thus, I have been failing my metrics. I requested for an extension so I can make up for my scores but was denied or dismiss without considering with the belief that if I will be assisted well, I can deliver better performance in the bpo industry as a supervisor. With the situation that I had, is there a merit for me invoking illegal dismissal due to lack of support provided to me? Thank you so much
I would like to ask if you were given a 5th-month evaluation on your 6th month on the company and then 3 days prior to you ending the probationary period is this legal to do so?
Contract indicated that 6/26/17 is the start date
end of the probationary period will be 12/23/17.
We had a probationary employee who are pregnant right now. She is in her 4th month in probationary status. Can we terminate her since she was not performing well in the office because she was always absent due to her pregnancy? What law in labor code covers her situation . Thank you very much
Sir,
My contract says that I will be a probationary employee for 3 years and will be a regular employee after. We don’t have any Government Benefits aside from SSS. I would like to ask about my rights as an employee and if what my employer doing is legal. Thank you
I am on probationary employment its bound to expite on feb 15 but i resigned due to personal problems am i still obliged to render 30 days notice thanks
Hi! I just want to ask for your advice regarding my current situation,I am employed in a school and the first contract that they asked me to sign was a single piece of paper saying that I will be under probation within six (6) months. I was then about to resign due to personal reasons but was able to finish my probationary period still I provided a resignation letter during that time,after that I was able to resolve my issue and decided to continue my work in the said school so I retracted my resignation and was then asked to sign another contract stating that I will again be under probation for one (1) year. Now I wanted to resign from my job because I was given a better opportunity but the head of the school does not want to sign my resignation and told me that if I will not be finishing my contract I will be talking with his lawyer or even if I am able to find them a replacement he still will not give me my COE and documents that I need.I actually felt that he was threatening me that he will give me bad records. I already followed the proper protocol of 30 days notice and rendering. They also did not provide me a copy of my contract.Though what I remembered from it is that there is none written regarding payment for breach of contract and that an employee can leave the company if s/he will be terminated or if s/he will resign. I just want to ask what will be the proper thing to do? And if the said contract will be considered as valid knowing that I am not holding any copy? I hope that you will be able to help me.Thank you.
Hi Sir,
May I ask for probationary period of six months?
If you are under probationary contract for 6 months and took a 1 month unpaid vacation leave voluntarily. Does the length of your vacation leave counts to your 6 month probationary period?
Hope someone will response.
Thanks and god bless
hi .. is it fair for the employee to have multiple tasks and a probation period of 1 year? i was absorbed by march 2017 and its already feb. 2018 .. and now i feel like im going to be terminated because of nothing ..
Hi, I am a probationary employee and my contract already ended last week but I forgot to give a prior notice that I will no longer renew my contract. My employer told me to file a resignation letter and render another month. Is this valid? Am I really not allowed to go yet? What If i don’t render another month, what will happen to me?
I hope you can enlighten me on this. Thank you!
Required ba talaga ang high school graduate for probation?
Hi sir may I ask can a probation period be extended due to maternity leave? Thanks
Hi! Good day!
I would like to seek help from you. My contract ended last March 31, 2018. I am a school teacher and still in probationary period. After the said date, we reported to work because the school days were until May 25. (probably almost 2 months of extension prior to the expiration of the contract). They announced the last day of school days but we, the probationary employees, did not sign any notice/ letter about the days we need to report after the expiration of the contract.
I waited before March 31 if my employer will renew my contract or not. And just yesterday, they announced that I did not passed in the said rating standard. I know I had some lapses in the requirement as renewal but my only concern is the late announcement of the hired and terminated teachers. We worked for 2 months after the expiration of the contract. Is this legal?
Thanks for your response!
hi sir, just want to ask, I am probitionary employee and I exited in the company with out prior notice(AWOL) for some certain reason but I passed my resignation after. Do I have a right to get my remaining salary?.. please need an answer, thank you.
Hello may i ask what benefits i will receive after my probationary period to a company i work for almost 6 months. Do i have to expect for a 13th month pay?. Thanks
I work in construction industry as safety officer for almost 2 years but until now I don’t have any contract sign as regular it is consider that I’m regular even without any contract sign… thank you
is there an increase of salary if you are provisionary to regular employee???
Good day!
I just would like to ask about being promoted during the probationary period (7 wks after signing proby contract), despite no written notice was ever sent for me to sign for the said promotion. From being a Supervisor to Manager. Is it binding? I have asked numerous times re pay raise and documentations of it but to no avail. 6 days before end of contract I decided to resign due to its lack of clarity and later found out that my COE will be based on my actual contract. I have performed duties being in the higher position like signing of documents bearing that position. And was even recognized as such to all. Its unjust on my part having been deceived and made to be believe that. The roles differ hugely. May I know what are my rights and if there are remedies? Thank you.
I worked 4 years as massage therapist somewhere in QC Spa,but still im probationary employed..a 50 pesos comission in every massage..12 hours duty a day.no sss no philhealth…then last June i was called by my employer telling me to take a rest and not to work in that spa anymore for some reason.before hanging down the phone i told him if thats the case Sir..can i ask for my COE instead?for me to apply to some other spa.and he said ofcourse but in a condition,,for me to release your COE.YOU have to sign for me.but he never told me what kind of aggreement im going to sign in.?why all of a sudden there is a signing that from the very start there are no contracts or payslip to be sign by us {therapist}..do i have my right to file a case againts my employer??please ineed a legal advice..
Hello,
I have an acting employee for a year now and i dont think that the management or the HR are still seeing this.
Is this allowed by the law?
Thank you,
Hi sir, just want to ask if for example you are only working for less two months and you didn’t sign any contract as a driver, are you illegible to file a case against your boss?
Thanks.
Is it necessary for a probationary employee to work on a certain period for a company that shes forcing to resigned…they had a memo but not in black and white that employees can only be allowed to resigned only every 1st day of the month after 1 month of their resignation
Had my performance review on my 5th month or probationary period, we first discussed my performance which only consists of 2 pages, first page consists of an essay type then 2nd page rating. At the end of our discussion, HR told me that they are informing me that they are extending my probationary period for two months after my 6th month or probationary. I told them that I do not want to sign it, HR together with my line manager asked me why I said I don’t want to sign it cause they haven’t even handed me any document nor presented me with any valid reason or documentation that I am not performing my tasks for the past months. My contract does not even state anything about extension, and that under my performance review, I will be either terminated or regularized.
I consulted our legal right after and told me not to sign if I don’t want to, but HR called me again and asked me to sign the document. I read it carefully and it has the word “agreement” which I clearly disagree with but they did not let me leave the room without signing it. The document has no supporting documents laying-out any proof that I was not able to perform my tasks well but only through verbal and our last conversation was during my 3rd month.
Is there any legal action that I can do against the company?
when is the last salary and 13th month pay should be received by an employee after termination due to end of probationary period? Is it just and fair to terminate an employee with only 6 days remaining to complete the 6 months requirement to become a regular employee and the reason of employer/representative is unqualified for permanent position? If unqualified for the position why it took them 5 months and 24 days to inform the employee?
My probation period was extended for 3 more months after the 6 months with an international non-government organization. In my initial contract, there stated the Labor laws of the Phils applies in my employment. I was asked to sign an extended probation agreement, not knowing earlier about this law, I signed and my evaluation for the extended three months is coming to an end. How will this law affect my status? Thank you.
What if a probationary is always on sick leave (different sickness… flu then after that UTI, then dismenorrea and finally LBM) but she always get to present a medical certificate for it. Problem is she’s also often late.
When she was offered the job, she was informed to avoid absences & lates during her probationary period. Can we terminate a probationary with that record? Only 2 mos. in the company but already have 8 absences. Please advise, thanks so much.
I am a proby, I went on approved leave w/o pay Dec 22, 2018 to Jan 02, 2019.
My employers marked me as absent Dec 24, 25, 30 and Jan 1, all holidays and deducted these days from my pay. Is this legal or not?
Hi I’ve been under probitionary period for only six months my last day is on last March 10 and until now I didn’t receive any notice for evaluation then my employer told me that they are not satisfied on my performance so they will extend my probitionary period for 1 month for me to improve. Is it okay not accept the extension because I am looking for a new job now, and is it okay to write on my resignation letter that I will not rendering?
Good Day. Can an employer file a case against an employee who went AWOL. The employee’s status is still under training and is with the company for less than 2 months. Thank you for your reply.
Good Day Sir,
I would like to ask if the work attitude and job skills of an employee can be a factor for them to be regularized? Lastly, How work attitude and job skills affects their chances to be regularized?
I am hoping for your response. Thank you for your kind consideration and God Bless!
I just wanted to consult for my friend. He was hired last June 17, 2019 and was informed that he won’t be regularized and his last day would be on January 12, 2020 which is actually longer than his supposed to be regularization date. Is that allowed?
I have been working for five months and 29 days. My employer informed me that my employment would end 3 days before my 6 month contract ended. I was surprised.
They only give me a letter stating that my employment will end before the last day of my contract without showing me their evaluation.
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