April 18, 2015 - My husband was employed as a front office associate by a hotel in our locality. Per company, their employment is on a contractual basis first and conversion to a probationary status will depend on the employee's performance. Although they say that they're contractual employees, however, they weren't asked to sign any employment contract.
June 26, 2015- My husband was called in by the HR manager. She told him to resign already effective June 30 because as she said, he was not able to meet the company's standards. He asked the HR manager what were his faults and the HR could not really point out and she just said, "Basta, management's decision". He also asked, if ever he really had lapses, why was it he never received any memo asking for his explanation. That way, he could have defended himself. Of course, my husband refused to submit a resignation letter.
June 27, 2015 - When my husband was about to report to work @ 2PM, he was told by the guard to go first to the HR office. When he got there, he was told by the HR manager to no longer go to his post as she handed him a termination letter. He was terminated effective June 28, 2015. It was stated in the termination letter that he was not able to meet the company's strict standards. He asked for a copy of his performance evaluation and was surprised that he was even graded with a "satisfactory performance". So he's really confused because how can he not meet the company's standards when he did not even fail the performance evaluation.
1. Is there an employee-employer relationship between my husband and the company even in the absence of an employment contract?
2. Do we have a reason to raise this to NLRC? Considering that he'd been only 2 months on the job.
3. Do we have a chance of winning this case?
4. If so, what can be our relief as provided by law? Can we claim for additional damages due to the sleepless nights, anxiety, mental and emotional stress that we encountered? Considering also that we depend on him for the daily substenance of our family.
Thank you in advance.