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1 Termination on Tue Apr 10, 2012 5:57 pm


Arresto Menor
I was hired in a company and was given a probationary period of 3 months. after 3 months, they asked me to render service to them without any contract and that they compensated me with higher than the minimum but no other benefits like SSS, Philhealth, etc. The scenario is i will be working alternately in a 2 company which is handled by my boss. After 5 months of rendering service with them, i was surprised when 1 day, the management told me that I already have a replacement, son of the Finance Manager, and that same day, I will endorse him my job. They told me to report for work until the end of that week only. My question is:

Is it lawful to just terminate me when they wanted and without knowing the valid reason of my termination?

Please enlighten me.. Thanks in advance!

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2 Re: Termination on Thu Apr 12, 2012 2:47 pm


Arresto Menor
Its hard when you dont have document or signed contract to referr with. If you have worked for them beyond six months, you are considered regular employee and can therefore file a case at NLRC but under probationary contract, I dont have idea if your case has merit since in effect you would not be regulrized only because you have worked for 5 months.

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3 Re: Termination on Thu Apr 12, 2012 4:08 pm


Arresto Menor
file ka ng illegal dismissal case na NLRC

ARTICLE 281. Probationary employment. – 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 is allowed to work after a probationary period shall be considered a regular employee.

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