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Tag - probationary employment

06 Oct

Termination of Probationary Employee

A probationary employee may be terminated on any of three (3) grounds. These are failure to qualify, just cause, and authorized cause. As a background, a probationary employee is one who is placed on trial by an employer, during which the latter determines whether or not the former is qualified for permanent employment. [See Canadian Opportunities Unlimited, Inc. v. Dalangin, Jr., 681 Phil. 21, 33 (2012), citing International Catholic Migration Commission v. NLRC, 251 Phil. 560 (1989)] By virtue of a [...]

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30 Sep

Extension of Probationary Employment Period

Article 296 [formerly 281] of the Labor Code provides that 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 [...]

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21 Jan

How to Evaluate Probationary Employees Using the Probationary Employment Evaluation Packet Super 5™

One of the challenging aspects of monitoring the performance of a probationary employee is the establishment of performance ratings, metrics, or measures. It is a settled rule that a probationary employee who was not apprised of the reasonable standards of performance to become regular employee is deemed regular from day one. The same effect occurs for employees who have been with the company for at least six months and have not undergone performance evaluation. No matter how low did the probationary [...]

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01 Apr

Probationary Period Does Not Include COVID-19 Quarantine Time Per Labor Advisory 14, Series of 2020

Probationary Period shall not include the time during which the employee was under the Enhanced Community Quarantine (ECQ) due to COVID-19 contagion. On March 30, 2020, the DOLE issued Labor Advisory 14, Series of 2020 (https://www.dole.gov.ph/wp-content/uploads/2020/04/Labor-Advisory-No.-14-Series-of-2020.pdf; accessed on April 1, 2020 at 7:23 p.m.) stating that for purposes of determining the six-month probationary period, the one-month ECQ period is not included. Sample computation of probationary period with application of this advisory will be posted here. Below is the PDF version of Labor [...]

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26 Mar

Probationary Employment Termination Based on False Rating Results in Illegal Dismissal

Probationary employment is a trial period where the employer tests the employee if he is qualified to become a regular worker. Naturally, before an employer hires an employee, the former can require the employee, upon his engagement, 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. (Carvajal vs. Luzon Development Bank, G.R. No. 186169, August 1, 2012). This is the [...]

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18 Feb

Probationary Employment Period and Contract

Formulate and Write your HR/Labor Forms, Notices, and Contracts with Ease and within labor law standards through Atty. Elvin’s 150+ editable templates Probationary employment refers to a status of employment where the employee is on trial period to determine whether he can be made a regular employee. Article 296 of the re-numbered Labor Code provides that 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 [...]

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18 Jul

Self-Descriptive Jobs and their Impact on Probationary Employment Policies

A probationary employee is defined as one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment. (Phil. Federation of Credit Cooperatives, Inc. vs. NLRC, G.R. No. 121071, December 11, 1998, 300 SCRA 72, 76.) In general, probationary employment cannot exceed six (6) months, otherwise the employee concerned shall be considered a regular employee. (See Art. 296 of the re-numbered Labor Code). It is also indispensable in probationary employment [...]

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17 Jun

Probationary Employment Contract Template 2019 with Data Privacy Clause for Simple Office Positions

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 [...]

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19 Sep

Employment Contract Extending Probationary Status in Filipino

Employment contract that extends the probationary status of employee may be signed by the parties. The extension must be the result of failure of employee to prove fitness as regular employee during the probationary period of six (6) months. Hence, there must be an original probationary agreement where parties agreed to extend in case of failure of the probationary employee to perform in accordance with the standards made known to him. Here is a sample of this Probationary Contract in Filipino. Once [...]

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18 Sep

Probationary Employees Who Failed To Perform May Be Extended Upon Mutual Agreement; Sample Notice Of Extension In Filipino

Probationary employees refer to those who undergo a trial period. Art. 296 [formerly Art. 281] of the Labor Code provides that 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 Labor Code of the Philippines 2018 Edition (re-numbered and updated) The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when [...]

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