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Got terminated during probation period - Can I lodge for illegal dismissal

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remington88


Arresto Menor
Hello,

I have been terminated 1.5 months into my 6 months probation period due to

1) Failing to foresee / failing to plan ahead for payment of bills
2) Unqualified to fill the role as a Account & Admin position

The company is owned by a foreigner and she has left the country early in the month and she won't be back until 20th. The owner is the signatory of the check.

Can i file any claims?

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attyLLL


moderator
if you wish to contest your termination, the remedy is to file a complaint at nlrc.


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remington88


Arresto Menor
Thank you attyLLL

I heard from a friend telling me that NLRC will not entertain probationary staff because there is no employee & employer relationship

Is that true?

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Patok


Reclusion Perpetua
read your probationary contract.. the company has the right to terminate your service for unsatisfactory performance..

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remington88


Arresto Menor
Yes, they have a clause referring to probationary period.

===
During the probationary period, either party may terminate the employment at any time by 
giving one week’s notice or payment in lieu except in cases of serious or wilful misconduct
where an employee may be summarily dismissed without notice or payment in lieu of notice.
===

Does it mean that they can terminate immediately and by giving me 1 week payment in lieu and i can do nothing about it?

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Patok


Reclusion Perpetua
kaya nga probationary.. kasi tinitingnan kung fit ka don sa job.. pag ni terminate ka.. that means hindi ka fit don sa trabaho or hindi mo sila na satisfy.. just find another job and move on..

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