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Probationary to Extended Probabtion

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1 Probationary to Extended Probabtion on Sun Sep 14, 2014 2:24 pm

captured101


Arresto Menor
Hi All,

I just want to ask for legal advice on my situation. Hired on April 14, 2014 by a Multinational Company. By Law I know that there should be a 3rd month and 5th month written checkpoint given by your boss to see if your performance is good or not, but as of this writing, i do not have anything written given to me or signed. Everything has been verbally cascaded by my boss.

1. My performance based on metrics are good.
2. I do not have any absences or late or any illegal violation with the company.
3. We do have a client whom is totally in charged of the current project I am in but my boss told me a month ago that i have to be liked by the client or else that would be depended on my regularization.
4. After a month, the client doesn't like me as part of the project.

Having said this, here is my questions.

1. Would this be a ground for my regularization, though it seems like a subjective part?

2. My boss propose to have me sign a documentation next week stating an extension of my stay in the company, would i sign it since this would be a chance or would this be just a form of getting away from the main issue of the company not giving me an write up of my performance on the 3rd of 5th month?

3. If ever i get terminated or not regularized would this be before my sixth month or after my sixth month which is Oct 14, 2014? Should it be by "just cause"?

4. Any insights that I can do about this?


Regards,

captured101

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2 Re: Probationary to Extended Probabtion on Sun Sep 14, 2014 6:40 pm

council


Reclusion Perpetua
captured101 wrote:Hi All,

I just want to ask for legal advice on my situation. Hired on April 14, 2014 by a Multinational Company. By Law I know that there should be a 3rd month and 5th month written checkpoint given by your boss to see if your performance is good or not, but as of this writing, i do not have anything written given to me or signed. Everything has been verbally cascaded by my boss.

It's not required by law.

Check your contract regarding evaluations.

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3 Re: Probationary to Extended Probabtion on Sun Sep 14, 2014 8:26 pm

jimbo


Arresto Menor
an employee on probation must also enjoy the same treatment of a regular employee in a sense that a dismissal should also be just and in spirit of fair play...unfortunately, one of your management's prerogative of your client's approval to like you is not one of them. you may raise this up with your grievance committee.

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4 Re: Probationary to Extended Probabtion on Mon Sep 15, 2014 11:52 am

captured101


Arresto Menor
1.Can they just terminate me before the Oct 14, 2014. Without any written warning?

2. Or after the 6th month they can just say thank you and we wont be renewing your contract with us?

3. Have me sign an extension of contract before my 6th month end?

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5 Re: Probationary to Extended Probabtion on Mon Sep 15, 2014 9:29 pm

attyesc


Reclusion Temporal
1. Probationary employees enjoy security of tenure during the period of their probationary employment (6 months). You may only be removed for any just or authorized cause as provided by the labor code.

2. If the company opted to terminate you because you fail to qualify on the standards set by the management, you must be informed formally in writing.

3. The company may extend the period of your probation with your consent for the purpose of improvig your personal qualities for regular employment.

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