Probationary Work that is Self-Descriptive does not Require that a Policy or Standard to be met should be Spelled Out
Probationary employees need to be informed of the reasonable standards to become regular employees. Otherwise, they may be deemed regular from day one. There is an exception to this rule with regard to probationary engagement involving positions that are self-descriptive.
The post below is based on the book Guide to Valid Dismissal of Employees (pp. 48):
An employer is deemed to have made known the standards that would qualify a probationary employee to be a regular employee when it has exerted reasonable efforts to apprise the employee of what he is expected to do or accomplish during the trial period of probation. This goes without saying that the employee is sufficiently made aware of his probationary status as well as the length of time of the probation. This is the general rule.
The exception to the foregoing is when the job is self-descriptive in nature, for instance, in the case of maids, cooks, drivers, or messengers.
Thus, in the case of Aberdeen Court, Inc. v. Agustin, it has been held that the rule on notifying a probationary employee of the standards of regularization should not be used to exculpate an employee who acts in a manner contrary to basic knowledge and common sense in regard to which there is no need to spell out a policy or standard to be met. In the same light, an employee’s failure to perform the duties and responsibilities which have been clearly made known to him constitutes a justifiable basis for a probationary employee’s non regularization.
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