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Illegal Dismissal

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1 Illegal Dismissal on Tue Feb 12, 2013 4:17 pm


Arresto Menor
To make a long story short:

- I was given a termination letter before my 5th month with the company
- No warning or appraisal of any kind was done before I got the letter
- I was, however, given an "appraisal" with failing marks (same date the letter was given to me)
- I was never given a copy of the metrics used for my evaluation
- I don't have and was never given a job description either
- No goals or targets were set and put in paper either
- No complaint, incident report, etc of any kind filed against me
- No memos, written warning of any kind either

I reviewed the Labor Code Article 281 for Probationary Employment and I'm not on any "just cause" for termination provision.

I was given the option to resign. And because I was emotionally distraught, I submitted my resignation letter the next day. Only my boss didn't want to receive it so I had to address it to our HR Head.

How do I know if I should file a complaint against my employer? Help, please.

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2 Re: Illegal Dismissal on Tue Feb 12, 2013 5:50 pm


Reclusion Perpetua
the company has the prerogative to terminate a probationary's employment based on their assessment before the 6 month period.

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3 Re: Illegal Dismissal on Wed Feb 13, 2013 4:29 pm


Arresto Menor
I understand that they do have the prerogative to do that.

But the manner in which they did it is what I'm questioning.

One of my colleagues, also probationary was told they're "dissolving" her job post in the company. She's been working more than 6months but has not been declared a "regular" employee yet. And now they're terminating her without prior evaluation either.

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4 Re: Illegal Dismissal on Wed Feb 13, 2013 4:37 pm


Reclusion Perpetua
your colleague's case is different because she is already working more than 6 months.. she is already considered a regular employee.. thus due process is needed to terminate her service.

in your case, you're still under the probi contract.

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5 Re: Illegal Dismissal on Wed Feb 13, 2013 7:44 pm


employee, it is your right to file an illegal termination case, and it will be the burden of the company to prove that you were unfit. one point is that if you signed a 6 month probi contract then you had security of tenure to finish those 6 months.

but i must warn you that most companies are given wide latitude in exercising management prerogative.

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6 Re: Illegal Dismissal on Thu Feb 14, 2013 5:12 am


Arresto Menor
Nangyari din yan sa kaibigan ko wala sa kanila na regular lahat sila na "endo" no attendance issues or anything terminable nalaman na lng nila pasara na ang company or yung iba naman after peak season overstaff na ang masaklap pa sa knila 2-3 days na lng mag 6th months na sila saka pa lng sila ininform na "end of contract".

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