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Tag - probationary employment

18 Apr

Probationary Period

Probationary period is usually six (6) months. An employee who has served the employer for at least six months shall become regular employee by operation of law. A probationary employee, as understood under the Labor Code, is one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment. A probationary appointment is made to afford the employer an opportunity to observe the fitness of a probationer while at work, [...]

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03 Apr

Probationary Employment Contract Sample 2

Probationary employment arises 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. (See Tamsons Enterprises, Inc. vs. CA, G.R. No. 192881, November 16, 2011) The post below is based on the book Human Resource Forms, Notices and Contracts Volume 1 by Atty. Elvin B. Villanueva The probationary employment is intended to afford the [...]

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17 Mar

How to Terminate a Probationary Employee

How to terminate a probationary employee? This stumps most HR practitioners and business owners. Should the company observe the 30-day notice rule? Should DOLE be informed of said termination? What procedure and justification should be used? The post below is based on the book Guide to Valid Dismissal of Employees Second Edition by Atty. Elvin B. Villanueva. Article 296 [formerly Article 281] of the Labor Code (re-numbered per RA 10151 – See Labor Code 2018 Edition by Atty. Villanueva) provides that the [...]

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28 Oct

Probationary Employment Contract Sample

Probationary employment contract template is provided for guidance and reference. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 1 (pp. 53-59).     Sample Probationary Contract Form No. 4-C     Sample contract of probationary employment   1. Effectivity Date 1.1 The Employment Contract (Agreement) shall be effective this _____ day of __________, 20______.     2. Employer 2.1 (Name of Employer/Company), (if the employer is a corporation – incorporated under the pertinent laws of the Philippines), is engaged in the (State the nature of trade/business of Employer), with business [...]

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30 May

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 [...]

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28 May

Procedural Due Process Violations of Probationary Employment Result in Payment of Nominal Damages

Procedural Due Process in Probationary Employment should also be observed if the employee is terminated due to failure to qualify. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 45-47). While it is now settled that failure of the employer to accord procedural due process in the dismissal of employees for just cause makes him liable for indemnity in the form of nominal damages, the rule is not so settled when it comes to probationary [...]

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16 Apr

SATISFACTORY SERVICE REQUIREMENT FOR TEACHERS TO BECOME REGULAR CONNOTES SETTING OF REASONABLE STANDARDS

Petitioners complainants were hired by San Juan de Dios Educational Foundation, respondent college, for full-time teaching positions. The appointment of petitioner Fallarme was effective at the start of the semester of School Year (SY) 2003-2004 as signified by a memorandum issued by the school informing her that she had been hired. The memorandum did not specify whether she was being employed on a regular or a probationary status. Aside from being appointed to a faculty position, she was also appointed [...]

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