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need a legal advice for a probationary contract

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markus antonio


Arresto Menor
10/28 is my regularization date. im on sales. but as per company they said they will extend my probation because i have no sales on the 3 mos probationary period. they will make a new position for me that will have a new 3 mos probation. but on the original contract i havent violated any of the company rules. is it legal to change the job offer because you have not met their expectations but not stated on the contract? do i have any say with this on dole? or nlrc? I need help. today they ended my contract with the company with grounds of no sales only. havent been absent nor late on the 3 months probi contract. the owner which is in australia evaluated me not the manager here. almost all of the evaluation scores were a fail and they dont have any basis for those scores. please i need your help guys. for a probi contract can an employer terminate it on the end of contract because the "forced" the evals to fail.



Last edited by markus antonio on Tue Oct 28, 2014 11:57 am; edited 2 times in total (Reason for editing : update)

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attyLLL


moderator
what is the nature of the product you are selling?

an employer and employee can agree to extend the probationary period, else you can gamble on undergoing the assessment with zero sales for a sales position. may not necessarily be a good choice


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markus antonio


Arresto Menor
for the product its seo and website. they now terminated my contract because they said the evaluation failed. hence everyone in the office clearly stated not true. they forced the eval to fail. one thing more we have a mutual verbal agreement that the option was just an extension of probi for 2 months or another position same job same pay for another 3 months but it went differently. can i have nlrc or dole take a look at my contract and evaluation? my direct office manager can attest that my allegations are true. help

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council


Reclusion Perpetua
if you intend to have your direct manager "attest" or be a witness in your inquiry with DOLE, he might not be so willing to do so as it may put his position at risk.

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joycejimibayrante


Arresto Mayor
I saw your contract.It does not specify there that the company can terminate you if you have a fail performance/ no sale.

You can question here the performance evaluations and coaching conducted to you prior to the 3rd month termination memo. The company should provide ample coaching on your performance prior to the 3rd month evaluation. There should have been performance memos or reminders on your poor performances within the 3 months time.

Yes, you can go to NLRC to challenge their due processes, performance evaluations, and the contract itself..you should have been given months to improve your performance.

I suggest go for separation pay claim instead, release of COE, release of last pay/allowances/leaves if there are any, and demand for a resignation (instead of termination) so to start anew with a new company.

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markus antonio


Arresto Menor


Yes, you can go to NLRC to challenge their due processes, performance evaluations, and the contract itself..you should have been given months to improve your performance.

I suggest go for separation pay claim instead, release of COE, release of last pay/allowances/leaves if there are any, and demand for a resignation (instead of termination) so to start anew with a new company.[/quote]



YES i understand. they cant return my leaves since im still probi. I just want to send a message to these foreigners that we filipinos are not that easy to get! Not because they are giving us Jobs. we all want security and also good jobs. They take advantage of it because they have the money. I just want what is due for me. In any case can they be fined and ask for something else like damages or whatever?

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attyLLL


moderator
just note, it was a sales position with no sales during the probationary period. on its face, it looks like a fair termination to me.


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