For resources about illegal dismissal, due process; employe rights vis-à-vis employer prerogative, please go HERE
- Read: Can We Extend The Probationary Period Beyond 6 Months?
- Read: Counting of Probationary Period: 6 months or 180 days?
A Supreme Court (of the Philippines) jurisprudence suggest this.
For years, employers are on their toes to make sure that the sixth month of employment of probationary employees are monitored and no unqualified probationary employees will be regularized. Likewise, proper serving of the following documents is a must:
- Discussion of employment standards/expectation levelling
- Job description
- Performance appraisal
- Employment contracts and
- Observance of twin notice rule
This is to ensure the decision to end an employee’s probationary contract will not be construed as whimsical.
READ: 6 months have lapsed, but still no regularization contract
But a Supreme Court jurisprudence about a case of a supervisor who failed to qualify as a permanent employee is rather interesting.
On the 6th month, the Supervisor was not allowed to time in and as a result, he sued the company for illegally dismissing him. But the court says there is no termination or dismissal but rather an expiration of his 6 month probationary contract.
READ: Employee Resignation and Due Process
This decision of the NLRC was upheld by the Court of Appeals which says :
” Even assuming, arguendo, that petitioner was not informed of the reasonable standards required of him by Middleby, the same is not crucial because there is no termination to speak of but rather expiration of contract. Petitioner loses sight of the fact that his employment was probationary, contractual in nature, and one with a
definite period. At the expiration of the period stipulated in the contract, his appointment was deemed terminated and a notice or termination letter informing him of the non-renewal of his contract was not necessary.
While probationary employees enjoy security of tenure such that they cannot be removed except for just cause as provided by law, such protection extends only during the period of probation. Once that period expired, the constitutional protection could no longer be invoked. Legally speaking, petitioner was not illegally dismissed. His contract merely expired. “
The Supreme Court also upheld the decision made by both NLRC and Court of appeals:
G.R. No. 149859 June 9, 2004
..But we have ruled in Manlimos et al VS NLRC that this constitutional protection ends on the expiration of the probationary period. On that date, the parties are free to either renew or terminate their contract of employment. Manlimos concluded that “(t)his development has rendered moot the question of whether there was a just cause for the dismissal of the petitioners xxx.”
To get a grasp of this case, read the complete text of the decision here or copy paste this address to your browser:
I’m a probationary employee, on my 3rd month i’m not aware na inevaluate pala ako ng mga superiors ko under different department which is for me ay mali. Sa pagkakaalam ko since hr ako ang dapat na mag eevaluate sa akin ay mga hr superiors ko. That time ay pinag iinitan na ako ng superiors ko so they failed my evaluation. June 15 kinausap ako ng hr superior ko at sinabi na icucut na daw nila ung probationary contract ko based on my evaluation. May notice syang ginawa na ang effectivity is june 9 kahit na ang tapos ng probationary… Read more »
Due process for proby employee is different from the regular ones. Check the following to assess whether you have a substantive basis: 1. Are expectations from your work clear, do you know (and signed) deliverable KPIs 2. Check the policy on who is supposed to appraise you, and the whole process. 3. Did they coach you regularly, discussed your performance, and gave you opportunity to improve. If the answer is not yes in #1 or #3, you may question how due process is observed. Likewise, please check if you have received other memos or committed other infractions before you proceed.… Read more »
I just want to sue them for terminating my contract immediately. As far as I know there should be at least 1 week notice before the effectivity of the terminination.
non-regularization related termination can be effected immediately
ask ko ang po yung pamangkin ko kasi probitionary status sya hindi sya ni regularized dahil meron isang taong sipsip sa boss at kung ano ano ang sinasabi tungkol as kanya pero performance wise eh nagagawa naman nya ng tama yung mga work assigned at napakaaga nya pumapasok sa trabaho at never nag absent ngayon dahil sa di siguro sya feel nung immediate superior nya kaya hindi sya ni regularized without explaining why and and reason lang is insubordination without any evidence and they also not conduct work evaluation prior matapos ang probi period nya. may laban po ba sya… Read more »