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probation even you are already a regular employee

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zappylog27


Arresto Menor
Ive worked for a cable company for 8 years, the first 4 years the company didnt provide us benefits such as ss, pag ibig and phil health, we have no over time pay and holiday pay. Last 2010 the company provided us those benefits up to now. Few weeks ago I ask my boss if I could do a part time job for other company because my father is sick and needed a medical attention. Instead they viewed my tardiness and absences because of my own personal health problems. So the part time didnt proceed, they put me on 30 days probation to come in the office and fulfill my everday 9 hours of duty. They also didnt allow me to use my vacation and sick leave thid coming December because im still under probation. Is it possible that even i have too many absences they would put me under probation? I mean we dont have any rule book or code of conduct in the company, other employees are also making a lot of absences, meaning its a norm in our company but Im the only one who was being punished.

My other question is, can we still ask our boss to compensate us during those 4 years of work that we didnt receive any benefits?

We also dont have payslip.

Our holiday pay would be given to us after 3 months.

Do we also have to expect an annual increase?

My other co workers has been declared regular after 3 years?

Pls advice because even I ask question to our Manager he seemed to ignore everything?

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tsi ming choi


Reclusion Perpetua
Probation or probationary employment status must come before regularization. Once you are considered as regular employee, you will enjoy ALL benefits granted by law, including but not limited to sss, pagibig, philhealth, vacation leave. Also, your employment status will not be downgraded to "probationary", otherwise, as such constitute a constructive dismissal.

As to your querry.

1. yes you can COMPEL your boss to give your benefits for those 4 yrs of work.
2. Dont expect annual increase.

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