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regularization

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1 regularization on Mon Feb 08, 2016 8:43 pm

yzmael


Arresto Menor
Hi!

If an employee didn't sign a regularization paper after 6 months of probationary period, is he/she considered automatically as a regular employee?

If yes but the employee didn't want to continue with the job, does he/she still need to render for one month notice?


Thank you for all the advise received.

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2 Re: regularization on Mon Feb 08, 2016 9:06 pm

HrDude


Reclusion Perpetua
yzmael wrote:Hi!

If an employee didn't sign a regularization paper after 6 months of probationary period, is he/she considered automatically as a regular employee?

If yes but the employee didn't want to continue with the job, does he/she still need to render for one month notice?


Thank you for all the advise received.

If the employee did not sign any regularization document BUT is allowed to report for work after the lapse of the proby period, that employee is considered a REGULAR employee.

If the employee wishes not to be regularized. at least, he must inform management of his decision (BEFORE the lapse of the proby period). No need to render a 1-month notice.

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3 Re: regularization on Tue Feb 09, 2016 4:24 am

council


Reclusion Perpetua
HrDude wrote:
If the employee wishes not to be regularized. at least, he must inform management of his decision (BEFORE the lapse of the proby period). No need to render a 1-month notice.

Wouldn't 30 days notice still be required?

The notice period does not distinguish between probationary and regular employees.

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4 Re: regularization on Fri Apr 01, 2016 5:52 pm

HrDude


Reclusion Perpetua
council wrote:
HrDude wrote:
If the employee wishes not to be regularized. at least, he must inform management of his decision (BEFORE the lapse of the proby period). No need to render a 1-month notice.

Wouldn't 30 days notice still be required?

The notice period does not distinguish between probationary and regular employees.

The 30-day Notice required by law is for RESIGNATION purposes only and not for this kind of situation.

Assuming that Management decides to make the employee a regular employee and the employee wishes not to be regularized, he should inform Management of his decision when his regularization papers will be issued to him for his signature. It is in this period the parties are free to negotiate how to end the proby contract of the employee. It would either be through 'non-regularization' or resignation on the part of the employee.

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5 Re: regularization on Tue Apr 12, 2016 1:28 pm

mishael032409


Arresto Menor
Hi Sir HR's

just need your help on my issue and somehow related to this. I'm currently employed and on my 6 1/2 months so technically i'm already regularized by default.

I just receive my employee evaluation form today and it's stated that i'm already regularized.

however, HR told me that regularization allowance will not take effect until further notice because it's performance based?

Is this legal? the contract that i signed stated that - upon regularization i will receive an additional 5000 regularization allowance on top of my basic salary and they want me to sign the form immediately which is decline and told them i need to review it first

what can you advice on my next step of action?

thank you in advanced. God bless!

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6 Re: regularization on Mon Apr 18, 2016 10:14 pm

lrdusaran


Arresto Menor
Hi Sir,

May I asked if a probationary employee can file an "illegal dismissal" case towards its employer when the grounds for termination of contract are clearly defined and explained? For example, punctuality and behavior towards co-employees.

Hope you can help us on this.

Thanks.

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7 Re: regularization on Tue Apr 26, 2016 11:22 am

lukekyle


Reclusion Perpetua
lrdusaran wrote:Hi Sir,

May I asked if a probationary employee can file an "illegal dismissal" case towards its employer when the grounds for termination of contract are clearly defined and explained? For example, punctuality and behavior towards co-employees.

Hope you can help us on this.

Thanks.  

If you are terminated without just cause, you may file a complaint for the remainder of the contract.

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8 Re: regularization on Fri May 06, 2016 7:20 pm

HrDude


Reclusion Perpetua
lrdusaran wrote:Hi Sir,

May I asked if a probationary employee can file an "illegal dismissal" case towards its employer when the grounds for termination of contract are clearly defined and explained? For example, punctuality and behavior towards co-employees.

Hope you can help us on this.

Thanks.  

YES, employees can always file a case. It's their right to do so. However, the question is 'DO THEY HAVE A VALID CAUSE OF ACTION?'

I assume your on the side of the employer. If the employee is a probationary employee, he has the right to security of tenure during the period of probation. However, if there is just cause/s of termination, the employee may be terminated following due process.

If the grounds for termination is clearly defined and stated in the company code of conduct, you can terminate the employee. You can also use the grounds under the Labor Code as a supplement in terminating the employee.

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9 Re: regularization Today at 2:59 pm

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