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

Need Advice Re: Immediate Termination

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Need Advice Re: Immediate Termination on Tue May 10, 2016 4:22 pm

renegade06


Arresto Menor
Hi Mam/Sir,

Good day!

I badly need your advice on the above topic. I have a friend who was hired last January 26, 2015 and supposed month of regularization is July 2015. Unfortunately, the company extended her probationary period to 12 months. (Based on my research and read from Labor Code - employees are automatically regularized once 6months of probationary period is met and/or employer still permit employees to continue their tenure from their present company even if there is no written/signed contract. *Please enlighten me on this if my understanding is correct). On January 2016, my friend received a waiver stating that her evaluation will be extended for 1 more more month *13months on Probation (Signed by HR and she also signed the waiver). February 2016 came and she followed up the regularization but there is no update from their HR.

She kept on doing follow ups from their HR Department and there was no clear update. April 25, 2016 - HR asked her to report in their office and then they told her that it was her last day of work. She was not permitted to go back to her work station and the HR let someone pack and get all her things and she just waited outside the office. My friend told me that the reason of her immediate termination is due to her performance. I was surprised really because she is actually doing well in her work. I had a chat with her ex co-officemate and their immediate supervisor told him that their project is already finished so they will need to terminate my friend. I think the employer and HR should have informed her 1 month before their project ends it is in the Labor Code right - whether she is a regular or probi employee? Or if her performance is not good, the HR should have talked to her in the first place.

I am not an expert of Labor Code but if its about employees right, I strongly agree that the employer violated a lot of policies. What can we legally do about this? Can she file illegal dismissal complaint against her employer? Where? Please help us on this. What benefits is she entitle with due to immediate termination? Thank you so much in advance.

View user profile

2 Re: Need Advice Re: Immediate Termination on Tue May 10, 2016 4:57 pm

lukekyle


Reclusion Perpetua
Probationary period can be extended if agreed to by both parties. There is no need to inform one month in advance to terminate her.    (the reason they give is usually that you have not performed up to their standards). Did she have a contract from February to April?

Judging from what you have said, are you sure your friend had a probationary contract?  It sounds like she was a project employee as her employment was tied to a certain project.  Pag project employee no security of tenure and your employment ends sa maturity ng contract

View user profile

3 Re: Need Advice Re: Immediate Termination on Tue May 10, 2016 5:02 pm

renegade06


Arresto Menor
lukekyle wrote:Probationary period can be extended if agreed to by both parties. There is no need to inform one month in advance to terminate her.    (the reason they give is usually that you have not performed up to their standards).  Did she have a contract from February to April?
Judging from what you have said, are you sure your friend had a probationary contract?  It sounds like she was a project employee as her employment was tied to a certain project.  Pag project employee no security of tenure and your employment ends sa maturity ng contract

Hi Sir/Mam,
Thank you sa pagsagot. Yes meron po siyang probationary contract na 6months may pinirmahan siya January 2015 - July 2015. Last April 2016 3 co-workmates niya naregularized na. Sa start naman ng employment walang nakalagay sa contract na project based lang siya. Meron silang isang buong team and per project ang ginagawa nila but they were hired for regular post not project based.

View user profile

4 Re: Need Advice Re: Immediate Termination on Wed May 11, 2016 8:39 am

lukekyle


Reclusion Perpetua
Hindi necessary na ilagay na "project based". Hard to prove if regular post since project based nga ang work unless meron syang something written to confirm this.

Medyo grey area yung situation ng friend mo. You could argue na implied na yung regularization while the employer will either argue na either it was project based or it was an extended probationary contract.

So from February to april 2016 wala ba syang contract?

View user profile

5 Re: Need Advice Re: Immediate Termination on Wed May 11, 2016 9:30 am

renegade06


Arresto Menor
lukekyle wrote:Hindi necessary na ilagay na "project based".  Hard to prove if regular post since project based nga ang work unless meron syang something written to confirm this.  

Medyo grey area yung situation ng friend mo.  You could argue na implied na yung regularization while the employer will either argue na either it was project based or it was an extended probationary contract.

So from February to april 2016 wala ba syang contract?

There was no contract or any written form po from February to April 2016. My friend always send email and ask their HR from Feb until April 2016 pero no answer. There was no advice or anything until nung April 25, 2016 nung pinatawag siya and the HR told her na last day of work na niya.

Actually nakausap ko siya kagabi eh and clinear ko lahat. I am also thinking of the project based thing pero mas clear sa akin na regular employee na siya. Kasi malabo ung reason na tapos na ung project nila (as per the reason of HR) at that time eh a week before siya tinggal may bago nanaman pala silang ginagawang project nun at dalawa silang tao inassign dun.

View user profile

6 Re: Need Advice Re: Immediate Termination on Wed May 11, 2016 9:53 am

lukekyle


Reclusion Perpetua
She MAY have grounds for a complaint if walang contract after February. Contention being that she was informed of the extended probationary period only up till Feburary. After that she should have been presumed regularized. Once regular they need to go thru the whole process if they wished to terminate her due to performance.
Termination will still be valid if her poor performance is proven. But she will be able to ask for compensatory damages if due process was not undertaken

View user profile

7 Re: Need Advice Re: Immediate Termination on Wed May 11, 2016 10:49 am

renegade06


Arresto Menor
lukekyle wrote:She MAY have grounds for a complaint if walang contract after February.  Contention being that she was informed of the extended probationary period only up till Feburary.  After that she should have been presumed regularized.  Once regular they need to go thru the whole process if they wished to terminate her due to performance.
Termination will still be valid if her poor performance is proven.  But she will be able to ask for compensatory damages if due process was not undertaken

Hi Sir Lukekyle, thank you so much po sa inyong advice. I will talk to her again later after ng work ko. I agree na dapat may compensatory damages lalo na po moral niya ung natapakan nila and employee rights without due process.

Thanks again. Have a great day!

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

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