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Tag - probationary

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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04 Jun

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 [...]

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03 Jun

Performance Evaluation Procedure for Regularization Imposed by Employer for Probationary Employees Must be Strictly Observed

Performance evaluation may be required by the company to gauge the probationary employees. This is the basis to determine whether he is fit for regularization. As such, the company/employer may provide the procedure for performance evaluation. This should be followed by the employer otherwise, the probationary employee can be deprived of due process. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 49-50) Employer’s failure to follow its own performance evaluation procedure may result in [...]

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01 Jun

Probationary Work that is Self-Descriptive does not Require that a Policy or Standard to be met should be Spelled Out

Probationary employees need to be informed of the reasonable standards to become regular employees. Otherwise, they may be deemed regular from day one. There is an exception to this rule with regard to probationary engagement involving positions that are self-descriptive. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 48): An employer is deemed to have made known the standards that would qualify a probationary employee to be a regular employee when it has exerted [...]

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