Probationary Employees Enjoy Security of Tenure and the Right to Terminate is Subject to Limitations
Probationary employment should be accorded with due process prior to termination as it is accorded limited security of tenure.
The post below is based on the book Guide to Valid Dismissal of Employees (page 47)
There are three limitations in termination of probationary employee. If these are not observed the probationary employee may be deemed regular from day one.
In one case, the Court held that the power of the employer to terminate a probationary employee is subject to three limitations, namely: (citing the case ofUNIVAC Development, Inc. vs. Soriano, G.R. No. 182072, June 19, 2013)
(1) it must be exercised in accordance with the specific requirements of the contract;
(2) 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; and
(3) there must be no unlawful discrimination in the dismissal.
Failure to specify the reasonable standards by which employee’s alleged poor performance was evaluated as well as to prove that such standards were made known to him at the start of his employment, makes him a regular employee.
In other words, because of this omission on the part of employer, the employee is deemed to have been hired from day one as a regular employee. (citing the cases of Tamson’s Enterprises, Inc. vs. Court of Appeals, G.R. No. 192881, November 16, 2011, 660 SCRA 374, at 388 and Hacienda Primera Development Corporation v. Villegas, G.R. No. 186243, April 11, 2011, 647 SCRA 536, at 543 cited in UNIVAC Development, Inc. vs. Soriano, G.R. No. 182072, June 19, 2013.)
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