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Termination without Prior Discussion

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1 Termination without Prior Discussion on Sun Feb 02, 2014 7:11 pm

bensempai


Arresto Menor
We are employed in a BPO company. Our account recently right sized and while some people were transferred to other accounts within the same company, some of our colleagues were not. Those who were not transferred was notified that their contract (probationary employees at 5th month) is being terminated until the last day they were supposed to work at start of the day. I think this is contrary to Labor Code provisions regarding prior discussion prior to terminating anyone's employment contract but I am a bit hesitant to press my rights since I am within the probationary period. Need your help badly!

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2 Re: Termination without Prior Discussion on Sun Feb 02, 2014 8:54 pm

council


Reclusion Perpetua
bensempai wrote:We are employed in a BPO company. Our account recently right sized and while some people were transferred to other accounts within the same company, some of our colleagues were not. Those who were not transferred was notified that their contract (probationary employees at 5th month) is being terminated until the last day they were supposed to work at start of the day. I think this is contrary to Labor Code provisions regarding prior discussion prior to terminating anyone's employment contract but I am a bit hesitant to press my rights since I am within the probationary period. Need your help badly!

Were your stats discussed with you in any way? Were you assessed for any other position in the company?

How was the termination done - notice served? What grounds (on paper)?

Article 281 of the Labor Code governs the termination of employment of a probationary employee. It states that -

"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."

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