probationary Archives - LVS Rich Publishing

23 Jan

Tasks of a Probationary Similar to that of a Consultant may Negate Valid Probationary Status

Probationary employment is allowed under the Labor Code, as amended. Thus, under Art. 296, 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 [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, labor, Labor Code, labor law, probationary 0 Comments Read more...

27 Oct

Employment Contract as Contract of Adhesion and the Dangers of Default Interpretations in Favor of Employees

A contract of adhesion, wherein one party imposes a ready-made form of contract on the other, is not strictly against the law. A contract of adhesion is as binding as ordinary contracts, the reason being that the party who adheres to the contract is free to reject it entirely. (Cabanting vs. BPI Family Savings Bank, Inc., February 17, 2016, G.R. No. 201927) Further, in labor context, a contract of adhesion is defined as one in which one of the parties [...]

By Atty Elvin Labor Law atty. elvin, employment contract, labor, Labor Code, labor law, probationary 0 Comments Read more...

08 Oct

Probationary Employee who is Regular by Operation of Law

A probationary employee may be terminated on any of three (3) grounds. These are failure to qualify, just cause, and authorized cause. 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 probationary employment, an [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, probationary, regular from day one 0 Comments Read more...

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 [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, failure to qualify, labor, Labor Code, labor law, probationary, probationary employment, termination 0 Comments Read more...

05 Oct

Probationary Employee may Become Regular from Day One

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. [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 probationary employment, an employer is given an opportunity to observe the fitness and competency of a probationary employee while at work. During the probationary period [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, probationary 0 Comments Read more...

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 [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, probationary, probationary employment 0 Comments Read more...

28 Sep

Reason the Probationary Employee Should be Rated or Evaluated

Most employers would just go through the motion of six months of the probationary period, then make decision on the eve of six months and one day. By then the employee is already regular. This practice of rating the employee the last minute is risky since the employee may already be of regular status who cannot simply be dismissed for failure to qualify as regular. Probationary employment is one of the forms of employment in the Philippines wherein the employee undergoes [...]

By Atty Elvin Labor Law atty. elvin, employment contract, failure to qualify, labor, Labor Code, labor law, probationary, probationary employment contract, reasonable standards 0 Comments Read more...

27 Sep

Probationary Employment Contract Formulation in the Philippines

Probationary employment is one of the forms of employment in the Philippines wherein the employee undergoes the trial period to determine qualification as regular employee. A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer. The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015). While the employer observes the fitness, propriety and efficiency [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, employment contract, labor, Labor Code, labor law, probationary, probationary employment contract, proby, trial period 0 Comments Read more...

28 Mar

Employee Termination Based on Form of Employment

Termination of employee depends on the form of employment. Just cause or authorized cause as ground for dismissal is the only blanket ground applicable to all forms. Hence, to terminate employee, it can be argued that there are two main classifications of grounds: Just Cause / Authorized Cause Peculiar cause provided in the nature of employment and terms of contract For just cause or authorized cause, the law is clear since these are provided under Articles 297, 298, and 299, respectively. For the [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, benefits, casual, compensation, compensation and benefits, dismissal, fixed-term, Just Cause, labor, Labor Code, labor law, probationary, project, seasonal, termination 13 Comments Read more...

13 Mar

Termination Rules for Probationary Employee as to Procedural Due Process

Termination of employment, as held in the case of (UNIVAC Development, Inc. vs. Soriano, G.R. No. 182072, June 19, 2013), is subject to three limitations, namely: it must be exercised in accordance with the specific requirements of the contract; the dissatisfaction on the part of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law; and there must be no unlawful discrimination in the dismissal. Failure to specify the reasonable standards by which [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, labor law, probationary, procedural due process, termination 12 Comments Read more...

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