Reasonable Standards For Regularization cannot be Presumed to have been Known Simply Because the Employee is a Law Graduate

Reasonable Standards For Regularization cannot be Presumed to have been Known Simply Because the Employee is a Law Graduate

Reasonable standards for regularization must be made known to probationary employee. The fact that an employee is a law graduate does not mean that he knows such standards.

The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 50-51)

In the case of UNIVAC Development, Inc. vs. Soriano (G.R. No. 182072, June 19, 2013), the Supreme Court held that the fact that the probationary employee is a law graduate does not give the employer an excuse to claim that the employee is aware of the standards for regularization.

This cannot replace proof which shows that the employee was apprised of the reasonable standards to become regular employee.

According to the Supreme Court, the Labor Arbiter and the NLRC merely relied on surmises and presumptions in concluding that the employee should have known the standards considering his educational background as a law graduate.

Equally important is the requirement that in order to invoke “failure to meet the probationary standards” as a justification for dismissal, the employer must show how these standards have been applied to the subject employee.

In this case, aside from its bare allegation, it was not shown that a performance evaluation was conducted to prove that his performance was indeed unsatisfactory.

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