Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register


Go down  Message [Page 1 of 1]

1 FOR END OF CONTRACT on Fri Mar 04, 2016 5:39 pm


Arresto Menor
Hi... This is my scenario please advise:

--We have Accounting Manager, she was hired November 2015 with Probationary status. As of today, our employer is dissatisfied with her work--- Can we end her contract effective immediately?

--Last November 2015, she incurred 9x tardiness with 248 minutes late but no Memo was served since we wanted to give her chance thinking that she was on her adjustment stage

--Last December 2015, we called her attention (verbal) for failure to advise the immediate Head for her 2 days absences and failure to provide documents as requested by HRD to support her absences in which she confirmed yet failed to follow. We did not serve any memo since at that time she was instructed to finish the Financial Statement study and we did not want this Memo to be the reason she might be distracted and demoralized from work

--This month of February 2016, again she failed to inform her immediate Head that she will be reporting late for work. We released a memo related to that and mentioned as well all the records of her consecutive months of tardiness from November 2015-January 2016

--Since her probationary employment is from November 2015-May 2016, and Management is very unhappy with her performance and attitude, can we end her contract immediately?

--Do we need to give her one month notice of her end date?

Please advise.

Thank you

View user profile

2 Re: FOR END OF CONTRACT on Fri Mar 04, 2016 6:44 pm


Reclusion Perpetua
Yes you can end the contract immediately.

No one month notice required since it is possible, however unlikely, that the employee might cause problems.

View user profile

3 Re: FOR END OF CONTRACT on Sat Mar 05, 2016 1:16 pm


Reclusion Perpetua
Council's reply is fundamentally correct.

For a probationary employee to attain regularity of work, that employee has to pass the employer's standards as set in the probationary contract that she duly signed and acknowledged. If the standards were not met with due process followed as per company by-laws, then her contract can be terminated immediately.

Unfortunately, it was the employee's own fault that she has not met the standards required of her.

View user profile

4 Re: FOR END OF CONTRACT on Tue Mar 08, 2016 7:50 pm


Reclusion Perpetua
NO, you CANNOT end the contract immediately.

PEOPLE, take note... the questions is "Can the CONTRACT be terminated immediately".

All employees, including probationary employees, enjoy security of tenure during their period of probation. The contract cannot be ended without any reason. Nothing in the discussion is a SUFFICIENT ground for the termination of the proby contract. Being unhappy with her performance OR attitude without any action from the EMPLOYER does not give rise to the termination of the proby contract immediately.

View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum