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.