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Probationary Contract

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1 Probationary Contract on Wed Nov 12, 2014 7:16 am

liz22


Arresto Menor
Employee is on probationary contract after 7 months of continued employment as temporary employee as (company driver), said employee got involved in a vehicular accident of this nature while on duty.
Documents submitted to company does not show any fault on the driver's part. Company made him sign a letter saying that while they are investigating, employee will only report for work when there is a scheduled delivery which is 2-3 times in a week. is this legal? additionally, since the company gave a specific time frame for investigation (2 weeks), what will happen if within this period they were not able to come up with a resolution?

Thank you!

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2 Re: Probationary Contract on Wed Nov 12, 2014 10:08 am

attyLLL


moderator
was he still getting full pay during this period? this sounds like a preventive suspension in disguise but the employer has to prove that the driver poses a clear and present danger to the company. and if the period expires without being properly extended and being justified then the suspension is unlawful


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3 Re: Probationary Contract on Wed Nov 12, 2014 6:30 pm

liz22


Arresto Menor
No he was not getting full pay. He is only paid by the day, depending on when he was asked to come in to work or if there is a scheduled delivery.

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4 Re: Probationary Contract on Thu Nov 13, 2014 4:36 pm

attyLLL


moderator
he can wait it out or he can file a complaint at the nearest dole office


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5 Re: Probationary Contract on Wed Nov 19, 2014 3:42 pm

matt2223


Arresto Menor
hi atty. i was on proby status as an asst manager for bpo operations when i got fired 1 week into the job. there was no explanation except i was not fit for the job. was my termination legally sound?

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6 Re: Probationary Contract on Thu Nov 20, 2014 9:32 am

attyLLL


moderator
did your contract specify a period for probation? you have security of tenure during that time. but why did they terminate you? were you given a notice to explain and a hearing conducted?


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7 Re: Probationary Contract on Fri Dec 05, 2014 1:33 pm

matt2223


Arresto Menor
@attyLLL, yes. it was stated there that I am on probationary status for six months. I can be terminated at anytime if I don't pass the performance standards after a reasonable amount of time. No process was observed. I was just told to process my clearance and never go back to work the following day. Do I have basis for illegal dismissal. Can I really be fired without due process just because I am on proby status?

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8 Re: Probationary Contract on Fri Dec 05, 2014 2:49 pm

council


Reclusion Perpetua
Did they tell you that you failed your proby status? Did they explain or show proof (appraisal, etc)?

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9 Re: Probationary Contract on Sun Dec 07, 2014 6:50 am

matt2223


Arresto Menor
verbally, yes. i asked for documents all she showed me was a rating sheet where she rated me 1 to 5. i was rated 3 which is a fail. i asked for another chance, any assessment. she said the decision was made and i was fired. aside from that there was nothing.

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10 Re: Probationary Contract Today at 10:01 am

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