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Contractual and Probationary period

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1 Contractual and Probationary period on Tue Jan 21, 2014 5:39 pm


Arresto Menor
Good Day,

I just want to know if its legal to implement  this:

1. Newly hired employee will be given 5 months contractual period before he will be promoted new status of employment in the company.

2. promotion of an employee shall be based on the results of his performance evaluation report conducted by his immediate Supervisor on the third month of his employment.

3. if the results of his performance evaluation is satisfactory, his status of employment will be promoted to "probationary"  and this will be for another 6 six months period.

4. if the results of his Performance evaluation is not satisfactory, his contractual employment will be terminated

5. A month before the end of his Probationary status, concerned employee shall be evaluated again by his supervisor

6. if the results of his performance evaluation is satisfactory his status shall be promoted to a "Regular"
if not  his employment will be terminated.

in short, a newly hired employee has to work for 11 months ( 5 mos contractual+ 6 mos probationary) before deemed regular.

does this violate any laws in the labor code especially the laws on "probationary period" that it shall not exceed 6 months from the day the employee started working?

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2 Re: Contractual and Probationary period on Mon Feb 10, 2014 9:05 am

tsi ming choi

Reclusion Perpetua
In my opinion, it violates the labor code, an employee, whether in a casual/contractual or probationary status who works for atleast six months or more is deemed to be a regular employee, regardless whether he performed unsatisfactorily.

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