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	<title>Comments on: Probationary Employment</title>
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	<link>http://jlp-law.com/blog/probationary-employment-employee/</link>
	<description>Philippine laws and legal system (JLP-Law blog)</description>
	<lastBuildDate>Tue, 22 May 2012 07:08:28 +0000</lastBuildDate>
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	<item>
		<title>By: Peaches</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-3/#comment-22287</link>
		<dc:creator>Peaches</dc:creator>
		<pubDate>Fri, 18 May 2012 06:27:40 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-22287</guid>
		<description>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&#039;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!</description>
		<content:encoded><![CDATA[<p>Hi Atty.</p>
<p>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&#8217;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. </p>
<p>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?</p>
<p>Thanks!</p>
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	<item>
		<title>By: valski</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-3/#comment-22242</link>
		<dc:creator>valski</dc:creator>
		<pubDate>Mon, 30 Apr 2012 05:06:45 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-22242</guid>
		<description>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</description>
		<content:encoded><![CDATA[<p>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.</p>
<p>please advice. thanks and much appreciated</p>
]]></content:encoded>
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	<item>
		<title>By: will</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-3/#comment-22241</link>
		<dc:creator>will</dc:creator>
		<pubDate>Mon, 30 Apr 2012 03:30:14 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-22241</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>management staff</p>
<p>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?<br />
—————————–<br />
agent staff</p>
<p>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.</p>
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	<item>
		<title>By: will</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-3/#comment-22240</link>
		<dc:creator>will</dc:creator>
		<pubDate>Mon, 30 Apr 2012 03:23:08 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-22240</guid>
		<description>please email me the response willy_4you@yahoo.com</description>
		<content:encoded><![CDATA[<p>please email me the response <a href="mailto:willy_4you@yahoo.com">willy_4you@yahoo.com</a></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: will</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-3/#comment-22239</link>
		<dc:creator>will</dc:creator>
		<pubDate>Mon, 30 Apr 2012 03:20:46 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-22239</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>management staff</p>
<p>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?<br />
&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<br />
agent staff</p>
<p>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.</p>
]]></content:encoded>
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	<item>
		<title>By: michael paul</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-2/#comment-22011</link>
		<dc:creator>michael paul</dc:creator>
		<pubDate>Thu, 23 Feb 2012 01:56:24 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-22011</guid>
		<description>I&#039;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&#039;t be able to receive my salary if I didn&#039;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&#039;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?</description>
		<content:encoded><![CDATA[<p>I&#8217;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&#8217;t be able to receive my salary if I didn&#8217;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&#8217;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?</p>
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	<item>
		<title>By: Rannie</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-2/#comment-21931</link>
		<dc:creator>Rannie</dc:creator>
		<pubDate>Tue, 24 Jan 2012 06:46:42 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-21931</guid>
		<description>From what I&#039;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 &quot;Herrera Law&quot; covers only rank-and-file employees, not officers. Therefore, officers can be terminated anytime. Is that statement factual or accurate? Thanks!</description>
		<content:encoded><![CDATA[<p>From what I&#8217;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 &#8220;Herrera Law&#8221; covers only rank-and-file employees, not officers. Therefore, officers can be terminated anytime. Is that statement factual or accurate? Thanks!</p>
]]></content:encoded>
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	<item>
		<title>By: rahsc_07</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-2/#comment-21892</link>
		<dc:creator>rahsc_07</dc:creator>
		<pubDate>Sat, 14 Jan 2012 15:53:54 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-21892</guid>
		<description>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?</description>
		<content:encoded><![CDATA[<p>Contract Terminated by Employer.</p>
<p>A new employee has been hired by an outsourcing company (employer) and been handed out to our client.</p>
<p>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.</p>
<p>Factors to consider:<br />
1. He/she passed the interview made by the employer<br />
2. He/she passed the interview made by the client</p>
<p>Another issue was the schedule.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>Can you please help the employee with this case?</p>
]]></content:encoded>
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	<item>
		<title>By: ABDONICHIE</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-2/#comment-21888</link>
		<dc:creator>ABDONICHIE</dc:creator>
		<pubDate>Fri, 13 Jan 2012 16:03:26 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-21888</guid>
		<description>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?</description>
		<content:encoded><![CDATA[<p>Gudevning Sir..</p>
<p>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?<br />
Am I required to stay for at least one month?or would a 2-week notice be enough?</p>
]]></content:encoded>
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	<item>
		<title>By: laishetemasu</title>
		<link>http://jlp-law.com/blog/probationary-employment-employee/comment-page-2/#comment-21857</link>
		<dc:creator>laishetemasu</dc:creator>
		<pubDate>Sun, 08 Jan 2012 00:26:15 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/probationary-employment-employee/#comment-21857</guid>
		<description>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?</description>
		<content:encoded><![CDATA[<p>Hi Sir,</p>
<p>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?</p>
]]></content:encoded>
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