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Termination probationary all of sudden

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1 Termination probationary all of sudden on Tue Feb 21, 2017 8:05 pm

xxao72


Arresto Menor
Good evening po.
I'm Japanese who has been worked in the Philippines for 2 years
I would like to share the things which happened to me last week and would like to have some advise.
I started working at my previous company from last October as probationary employee .
Last week when I went to the office ,my superior told me top management decided not to hire you as regular employee .I was really shocked because haven't expected this happened to me .
And then HR gave me the notice which said they end the contract by 17th February due to falling falling to meet the performance standard set by the company .
I got this notice on 16th February .
Then my superior told me you don't need to come to office tomorrow also can leave company as soon as I sarrender things which provided from the company.
Is it legal way to terminate probationary ?
They still hold my passport for downgrading working visa .
I cannot go back to Japan and can't apply for new job without passport .
My Filipino friends told me I'm entitled to receive salary for March and April because the employer is the one terminated my co tract and they didn't notice me this in advance .Is it true ?
I home somebody gives me some advices.
Thank you for reading this .

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2 Re: Termination probationary all of sudden on Tue Feb 21, 2017 10:50 pm

lukekyle


Reclusion Perpetua
depends on the contract but if it is silent then the company has the right to terminate you according to their standards

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3 Re: Termination probationary all of sudden on Tue Feb 21, 2017 11:32 pm

xxao72


Arresto Menor
Thank you for your comment .
My contracy isn't silent contract .
The company said they inform my evaluation of probationary period on March whatever result will be .
But they terminated my contract a day before it terminated .

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4 Re: Termination probationary all of sudden on Tue Feb 21, 2017 11:49 pm

lukekyle


Reclusion Perpetua
can you cite the exact provision of your contract?

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5 Re: Termination probationary all of sudden on Wed Feb 22, 2017 12:11 am

xxao72


Arresto Menor
It's saying status is probationary 6 months .
They just expalaoned that they will inform me the evaluation on March by oral .

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6 Re: Termination probationary all of sudden on Wed Feb 22, 2017 8:16 am

lukekyle


Reclusion Perpetua
so the contract is silent?

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7 Re: Termination probationary all of sudden on Wed Feb 22, 2017 8:33 am

Patok


Reclusion Perpetua
They can terminate you within the 6 months period if you did not meet their performance standard.

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8 Re: Termination probationary all of sudden on Wed Feb 22, 2017 9:50 am

thepoetsedge

avatar
Reclusion Perpetua
Did the employer tell you the exact standards you have to work on in order to be employed here in the PH? If yes, then it is a general rule here in our labor laws that a probationary employee may be terminated if said standards were not met.

However, your employer should not withhold your passport and other pertinent documents since you need those to either look for another job or to go back to Japan.

Alternatively, you may want to visit the Public Attorney's Office (PAO) in a city or municipal hall for you to get free legal advice regarding your situation. Bring also documents that are relevant to your case so that the PAO can have a good grasp of your situation.

Good luck.

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9 Re: Termination probationary all of sudden on Wed Feb 22, 2017 3:53 pm

xxao72


Arresto Menor
Thank you everyone who gave me advice here .
Honestly said I didn't take any explanation about their standard to be employed .Also,it's not mentioned on my contract but they explained to me company inform me if they decide not to hire me as regular employee they give me a notice a month before contract terminated by oral explanation .
But in reality they give me a notice a day before they terminate my contract .

Regarding my passport issue,they are responsible to process downgrading process (since my working visa is under the name of my previous company )
Visa process is one of their reapplity as per my agent .
(It's mentioned on contract between company and my agent )They still hold my paaaport for this process but juts got a message from them,they canceled the process of my cancelation of working visa .



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10 Re: Termination probationary all of sudden on Thu Feb 23, 2017 4:28 pm

thepoetsedge

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Reclusion Perpetua
Did they make you sign any document that pertains to your scope of support as a probationary employee, or at least your duties that you need to do? If yes, your employer can argue that those are the standards that you need to pass, which sadly you did not. Your signature means compliance to the said standards, which is hard to disprove without sufficient evidence of bad faith in the part of the employer.

Otherwise, if you were not informed of the standards that you need to pass, then your employer may be held liable for illegal dismissal. Hire a labor lawyer and have him look at your case if it can prosper.

I am not privy to the VISA process, so I cannot help you there. I would like you to go to the nearest POEA (Philippine Overseas Employment Agency) and inquire there as to how your passport should be processed, if you have additional time.

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11 Re: Termination probationary all of sudden on Sat Mar 18, 2017 9:32 am

hrd@bci


Arresto Menor
I have this proby employee who was hired last sept. 21, 2016. during his employment he was issued a number of memos due to serious misconduct like AWOL, disrespect to employees even to immediate head. we had him appraised on his 5th month so as to discuss to him that he wont make it to regularization at the same time advised him that his employment would end on March 10 of this year. So he is supposed to make a turnover until March 10. But then on February 21, a day after we spoke to him, he did not report to work. So he is considered AWOL for 15 days. And that would be for termination.
Question: do we have to send him a notice of dismissal right away or do we have to go through with the due process of termination?
Thanks in advance..

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