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Regularization issue after probationary period

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jlme37


Arresto Menor
hi, i have been working in a software development firm here in Davao. The business is not yet registered etc but owner is working on registering the business. Anyhow, i have been working with the company since may15 this year until now nov 19 so i should be regularized by now. Since i joined the company i have not been given contract or any document to sign etc but since my friend is one of the officers, i trusted them saying they are still working on many documents etc. so til now i dont have any contract signed. But i have been continuously working and functioning for different positions since there are only few of us. Just today nov 19, 2 of the officers talked to me and said they are still planning to extend my probationary period saying that they want to further evaluate me. But the initial talk we had is that i can be regularized within 3-6 months depending on my performance and i accepted it. If i am not mistaken, with or without papers, the fact that i have been working for more than 6months now, I should already be considered regular employee and not anymore probationary with or without confirmation or document since I am still connected and working for the company, right? Is it legal for them to extens my probationary period to another 3 months after the original 3-6months we have verbally agreed upon, since we didnt sign any contract? Is it a legal action on there part to extend my probationary period and not consider me a regular employee?
May laban po ba ako kung ikakaso ko sya?
I have many proofs to show that I am working and have been working with this company such as emails, and other company work related docs with date and time stamp showing i have been working since may15 until now. Pls i badly need help!
Thanks!!!

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jlme37


Arresto Menor
And by the way, this software firm is still not registered until now. The owner kept saying he is working on the papers together with the company attorney but its been more than 6 'months since i joined them. In fact, it has been more than few years since other old employees have been with the company for 2 years and some more than 3 years.
Anong laban ko sa plan nila to extend my probationary period to another 3 months and not to regularized me yet though been working for more than 6 months with them. No contract though. Please help!

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HrDude


Reclusion Perpetua
you are a regular employee by operation of law.

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johnlocke1290


Arresto Mayor
If I remember correctly, probationary period could last from 6 months to 1 year.

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jlme37


Arresto Menor
This is where i get confused coz by law with or without paper confirmation i should already be a regular employee. But just yesterday 2 officers advised me that they planned to extend my probationary period to another 3 months, making it 9 months. But our original agreement is 3-6months. Is it possible that they can do it, considering they have not advised me prior to finishing the 6 month period and they only advised now that i am already technically a regular employee?

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HrDude


Reclusion Perpetua
johnlocke1290 wrote:If I remember correctly, probationary period could last from 6 months to 1 year.

You are correct, such period can be extended but it admits of exceptions. This status MUST be made clear to the employee and any extension thereof MUST be clearly made-known to employee.

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jlme37


Arresto Menor
So bottomline i am now a regular employee, right? And if I wont acdept their new condition they can do nothing as they failed to advise me ahead of time before my regularization. Should they wanted to extend, they should have done it before my 6th month of service and with paper showing my agreement to their new condition. Am i right?
Now that I am already a regular employee, they couldn't fo Ce me anymore to agree to the point extension and if i wont accept it, it cannot be taken against me as a reason for termination, right?

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HrDude


Reclusion Perpetua
Exactly. (Based only on your story)

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jlme37


Arresto Menor
Thank you hrdude! I appreciate the assistance.

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