6 Months Lapsed But No Regularization Contract, What Now?

Related Readings:

• Can We Extend The Probationary Period Beyond 6 Months?
• Counting of Probationary Period: 6 months or 180 days?

 
 

 
 
I’m starting a new category, “crowdsourcing”, to solicit professional insights from members of the HR communities I manage. This is for the benefit of those sending private messages and emails seeking help, and for those who will be facing a similar situation in the future.  Personally, identifiable info was omitted to protect their identities or the companies they represent –  Sonnie —
 
 

Miss Anxious

I have some concern. I am currently working in a BPO company and I’ve already rendered my 6 months probationary status, however, the company failed to let me sign a contract for regularization, but they were able to let me sign my evaluation that I passed my probationary period. It has been 8 months already, and until now I haven’t signed any agreement/contract, with this I also did not receive my salary increase for the said regular status. Any sanctions for the company? Or if I resign can I give them immediate resignation?

Responses from the community

HR1

Hi. If your probationary employment goes beyond 180 Days /6 months and you did not sign an Extension of Probationary Period, your now technically a Regular Employee by default with or without Regularization Contract. Regarding increase upon regularization, unless stipulated in your job offer and job contract when you started with the company that you will be receiving a increase then the company is not at fault here. Salary Increase upon Regularization is not mandated by law nor is Annual Increase although it is best practice by most companies. I suggest you go back to your contract, review all the fine prints and set up a meeting with your HR Manager rather than take drastic steps of complaining to NLRC or DOLE . Talking to your HR for clarification and issue resolution would save you time and would not give you unnecessary stress. As for Resignation , ensure you comply with the 30 Days Notice Period as prescribed by PH Labor Code.

HR2

As per labor code if you have rendered 6months continous contract with or w/o regularization notice, you will be automatically considered as regular employee of the company, the salary increase upon regularization depends on the contract that you have signed or the company policy. About the resignation you must atleast give the company 30days before the effectivity of the termination of your employment

HR3

Here is my piece of advice: BPO companies follow the same labor code as other industries. In your case regularization happened regardless of the lack of regularization contract assuming such is a standard practice of the company you are with. Now as for the question on the concern on salary increase upon regularization and how the company can/should be penalized for not giving it, please clarify– did the company stipulate a regularization increase in your contract? If so, what is the verbiage? Is it guaranteed increase upon regularization, or is it contingent to a specific performance level as measured by your manager through a formal performance review (which you said was done and which you passed)? If it’s the latter condition, did your rating make it through the required mark?

On your question re immediate resignation– every employee needs to render 30 days per the Philippine Labor Code. Go back, again to your contract to double check the days of notice required by the company as some stipulate longer. But beyond the Labor Code, my personal advice is for you to protect your name. Leave with a good record. Talk to your manager and explain why you need to go immediately. If you have a compelling reason, such as health, then the best you can hope for is your manager allows you to go in less than 30 days.

HR4

You are by default, regularized. Increase is company discretion but if it is stated on your pre employment contract that you will receive an increase upon regularization then you have a claim and can inquire to your HR department.

HR5

+1 to all comments above. What you should do now is to review your offer letter and contract and see if those mentioned above are stipulated or not.

HR6

u r technically a regular employee. if nasa contract that upon regularization or after evaluation ay may specified na increase ka at specified period of time..u should be paid accordingly if not..you can approach your hiring personnel and inform them of your expected salary increase. Hindi po kasi A MUST ang salary increase upon regularization..it depends your negotiation upon hiring. for resignation, if your position is managerial – up u need to render 30 day but if rank and file and wala namang gaanong accountabilities specially pera..u can render 2 weeks turnover. If u want to resign immediately-asap-kinabukasan, pwede naman kasi sa batas hindi ka naman pwedeng pilitin ng company mag stay if u r not happy or u need to do important things urgently.

HR7

Ive seen this happen before, backlog in processing paperwork is the normal cause. In cases where its indicated in your contract that you will receive a regularization increase, it is usually credited (pro-rated), within the next pay period after the docs are signed.

As what the others have said, inquire with HR on the status of your regularization and increase (if applicable)…

HR8

If you came to work on the first day after 6 months, you are already regularized by default and by law. You don’t need to sign anything confirming regularization because the mere fact that you are working passed 6th month, means you are eligible for regularization. However, when it comes to salary increase and other benefits – that depends on the company policy and what is stipulated in your contract so better check your employment contract.

HR9

Best thing to do is talk to your HR first and clarify things

HR10

Whether you signed a contract or not, you are now their regular employee (after 6 mos probationary period). Mr. Jun Boo Alisaca Jr. is right you need to clarify this things to your HR-Head. Or maybe HR staff is neophyte and does not know the importance of her work esp is she has voluminous/pending of work or the dept . is undermanned. Sometimes HR Heads will just surprise when this problem has just arised. Another thing is when hr staff did not went thru proper orientation. If the company has a guidelines of salary increase after regularization you need also to clear this things.

HR11

you may follow up to your HR, anyhow, any benefit you are entitled for should be paid to you in pro rata. it would be better to ask first, maybe it is not intentional, that is somehow normal (delays), just remind them that you need your contract to be updated as a regular employee. and have it signed.

What about you, what advise can you give?