Comments on: Probationary Employment

By: Rannie

Rannie — Tue, 24 Jan 2012 06:46:42 +0000

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!

By: rahsc_07

rahsc_07 — Sat, 14 Jan 2012 15:53:54 +0000

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?

By: ABDONICHIE

ABDONICHIE — Fri, 13 Jan 2012 16:03:26 +0000

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?

By: laishetemasu

laishetemasu — Sun, 08 Jan 2012 00:26:15 +0000

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?

By: reka

reka — Mon, 02 Jan 2012 08:34:27 +0000

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!

By: keikei

keikei — Mon, 03 Oct 2011 07:51:55 +0000

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?

By: “At-Will” Employment and Due Process in Labor Law at Philippine e-Legal Forum

Thu, 30 Jun 2011 17:52:13 +0000

[...] It does not matter if the employee is rank-and-file, a supervisor or a manager. Even a probationary employee is entitled to due process. Share and [...]

By: wifey

wifey — Sat, 04 Jun 2011 12:47:33 +0000

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.

By: mitch

mitch — Thu, 07 Apr 2011 10:50:38 +0000

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

By: HRM

HRM — Thu, 21 Oct 2010 10:52:41 +0000

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.