Sample Termination of probationary employment
₱1,750.00
The template provided will assist employers / companies in properly and validly executing the termination of probationary employees. (Note: There is a sample Notice of Termination for Failure to Qualify / of Probationary Employee below this guide)
Termination of probationary employment is a technical matter under the Philippine law. There are specific rules applicable only to probationary employees which if confused with all others may cause issues to the employer or the company.
Under Art. 296 of the Labor Code, as amended, a probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
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Section 6 (d) of the Implementing Rules of Book VI, Rule I of the Labor Code provides that there is probationary employment where the employee, upon his engagement, is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement.
In the case of Agustin vs. Alphaland Corporation, [G.R. No. 218282, September 09, 2020] the Supreme Court (SC) held that in all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee.
Hence, to safely terminate a probationary employee, there has to be a probationary employment contract where it is clearly stated that the employer / company has made known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Further, that failure on his part to meet such standards, the employment shall be terminated for failure to qualify.
Reasonable standards shall refer to those measures which the employer will use as basis for qualification. These may include standards on performance, behavior, cooperation, punctuality, etc.
Assuming that these standards are present and there are valid stipulations in the Contract for Probationary Employment, the sample Notice of Termination for Failure to Qualify (template) will serve the purpose
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Guide on Employee Compensation and Benefits Vol. 2
₱475.00Title: Guide on Employee Compensation and Benefits Vol. 2
Just how much should the company give as bonus? Just how many months of bonus should the company give without violating the law? If the company pays Christmas Bonus is it still required to pay 13th month pay? How about 14th and 15th month pay, should the company pay them also?
These are some of the perplexing questions that a typical HR practitioner encounters in his work. Most often, it is resolved in favor of the employees resulting in increased manpower cost on the part of the company.
The rules on 13th month pay and Christmas Bonus are discussed in this book. When to pay them and when not to are explained using the law and jurisprudence. Companies are not required to pay 14th, 15th month pay, and so forth, unless they are stipulated already in the CBA or any contract for that matter. But they are not legally mandated benefits.
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HR Forms, Notices and Contracts 1 Soft Copy Version (150+ Templates in Editable Word)
₱8,495.00Forms, Notices and Contracts
Soft Copy Version (Word File only – Saved as Single File)Alert!: If you were able to purchase any of our soft copy products in the past please double-check that they are not part of these templates. This product is indivisible and individual soft copy templates previously purchased cannot be deducted from the price.
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Based on the book Human Resource Forms, Notices & Contracts Volume One
Features:
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- Fonts Used: Arial, Book Antiqua, Garamond
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- Editable in Word file (Saved as one file “HR Forms Volume 1 Soft Copy”)
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The subject matter of job contracting and subcontracting is a trick territory for businesses their owners. Understanding the technical sides of it are left to the experts and practitioners.
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Guide to Valid Dismissal of Employees 2nd Edition
₱785.00Title: Guide to Valid Dismissal of Employees 2nd Edition
Guide to Valid Dismissal of Employees 2014 Edition contains updated HR literature on terminal laws, rules and regulations including 2013 cases and other newly establishment doctrines and principles. The best-selling first edition of the book got even better with discussion of relevant provisions on retirement in relation to employee dismissal, rule on separation pay when dismissal is valid, preventive suspension , just causes, authorized causes, termination due to disease, bona fide suspension of operations and other related principles.
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ABOUT THE RING-BOUND EDITION
Digest of Critical Supreme Court Decisions on Labor Cases is an ambitious work to provide readers, HR practitioners, lawyers, and law students with crucial information on the Supreme Court decisions in labor cases. The digested cases are handy in tracking the recent rulings which are crucial in policy formulation in labor and employee relations. They are critical in a sense that the changes affect the labor environment and those not in the know may bear the adverse consequences.Read more..
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