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Probitionary Termination

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1 Probitionary Termination on Mon Apr 10, 2017 4:22 pm

Kenmhur


Arresto Menor
I was told by PAO from NLRC that employer can terminate probitionary employee without due process and anytime during their probitionary period. And can terminate employee even if the employee is absent. From my knowledge Probitionary Employees are protected of what we called "tenure security"?

I was served a non-continuance on my 185th day, there was no process at all. No Notice to Explain and Hearing. Here's what happened... I called in sick April 1 2017 (180th day) because I am not feeling well. I was pooping blood the night before. I was not able to go to any clinic due to the fact that I am so weak. April 2 and 3 are my restfday and I used it to get checked. Come April 4 and 5 are laboratories and a rest given to me by the doctor.

April 6 I came in to work and was able to do my job for halfday. Then the owner of the company called me and asked me to go to the training room where they started humiliating and yelling at me. They told me if I will not resign they will give me non-continuance of employment due to my April 1 absent.

Is this a case of illegal termination?

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2 Re: Probitionary Termination on Mon Apr 10, 2017 4:46 pm

HrDude


Reclusion Perpetua
For 'Non-continuance', I assume that this is the same as non-regularization. Can you confirm?

1. Termination of Probationary Employment need NO admin hearing nor Memos. To end the proby period, the employer only has to issue a non-regularization doc.

2. Termination of Probationary Employment can be effected even if the employee is absent on that day. Just as long as the end of the proby period is clear with the employee.

3. You are correct. Probationary employee enjoy security of tenure during the period of Probationary status. HOWEVER, just as long as the termination of the employee is for Just and Authorized Causes under the Law, the same is enough.

-Non-regularization is a Just Cause of Termination.

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3 Re: Probitionary Termination on Mon Apr 10, 2017 5:12 pm

Kenmhur


Arresto Menor
I went on absent because I am pooping blood. And its my 2nd instance the first one was last December 2016. If they are doing non-continuance for my absences should there be any warning during the first instance which I did not receive any.

I assume its same as non-regularization however April 1 is my 180th day. Can they non-regularize me on my 180th day? I was hired October 3, 2016.

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4 Re: Probitionary Termination on Mon Apr 10, 2017 5:25 pm

Kenmhur


Arresto Menor
I was non regularized for 2 separate absences of no Medical Certificate.

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5 Re: Probitionary Termination on Mon Apr 10, 2017 5:28 pm

HrDude


Reclusion Perpetua
If they are doing non-continuance for my absences should there be any warning during the first instance which I did not receive any.

-No warning is needed.

I assume its same as non-regularization however April 1 is my 180th day. Can they non-regularize me on my 180th day? I was hired October 3, 2016.

-YES, on or before your 180th day, they can do that.

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6 Re: Probitionary Termination on Mon Apr 10, 2017 5:31 pm

HrDude


Reclusion Perpetua
Kenmhur wrote:I was non regularized for 2 separate absences of no Medical Certificate.

As long as you did not pass their metrics, and if the same is part of your metrics, the reason above-stated is valid.

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7 Re: Probitionary Termination on Mon Apr 10, 2017 5:40 pm

Kenmhur


Arresto Menor
Is non regularization different from termination of employment? Just for my own knowledge.

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8 Re: Probitionary Termination on Mon Apr 10, 2017 5:47 pm

HrDude


Reclusion Perpetua
Kenmhur wrote:Is non regularization different from termination of employment? Just for my own knowledge.

Non-regularization is 1 example of Termination of employment.

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9 Re: Probitionary Termination on Thu Apr 13, 2017 12:23 pm

ineedananswerplease


Arresto Menor
My case is still ongoing and is awaiting for the arbiter's decision from SENA (NLRC)


In this statement :

Probationary employees enjoy security of tenure. This is guaranteed under our law. As provided under Article 281 of the Labor Code of the Philippines in relation to Section 6 (c), Rule I, Book Six of the Implementing Rules and Regulations (IRR) of the Labor Code, the services of an employee who has been engaged on a probationary basis can only be terminated for a just cause or when authorized by existing laws, or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement.

your employer may terminate your services prior to the last day of your six-month probationary period if you have committed any of the just causes mentioned under Article 282 of the Labor Code, to wit: (a) Serious misconduct or willful disobedience to the lawful orders of your employer or his authorized representative in connection with your work; (b) Gross and habitual neglect of your duties; (c) Fraud or willful breach of the trust reposed upon you by your employer or his duly authorized representative; (d) Commission of a crime or offense against the person of your employer or any immediate member of his family or his duly authorized representatives; and (e) Other causes analogous to the foregoing.
Your employment may also be terminated within the probationary period for any of these authorized causes: (a) Installation of labor-saving devices; (b) Redundancy; (c) Retrenchment to prevent losses; (d) Closure and cessation of operation of the establishment or undertaking; and (e) Disease to which your continued employment is prohibited by law or is prejudicial to your health as well as to the health of your co-employees. (Articles 283 and 284, Ibid.)

Nevertheless, we wish to emphasize that procedural due process must be complied with in order to validly terminate the services of a probationary employee. Pursuant to Section 2 (d), Rule I, Book Six of the Labor Code’s IRR, for termination of employment based on just causes, (a) a written notice must be served on the employee specifying the ground/s for termination, and giving him reasonable opportunity within which to explain his side; (b) a hearing or conference must be conducted; and (c) a written notice of termination must also be served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. For termination due to authorized causes, due process is deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least 30 days before the effectivity of the termination, specifying the ground or grounds for termination



In My Case to make it short we were 13 people from batch 6 (composed of 40 people originally) was hired last October 10,2016, who were taken off of our work without any due process or admin hearing. They just served a notice on the last day of the week which is Friday November 11,2016 our fifth week to be exact. While on the said agreements says after the training period we will be assigned to our respective team, means we pass. And so we were. However company keep on insisting that we haven't reach the fifth week & also terminated us because of absences etc. My question here is is it not valid if you have certificates showing the reason of your absence. As for me my son got confined for a week and so I have to take an absence but I never fail to send a message and inform my supervisor about the reason of my absence. Same goes to my other workmate who was ill due to asthma And was confined.our supervisors never mentioned about our status being in dangered so we thought we were excused at that time since it is a valid reason, now ny question now is company failed to provide proper notice and out of a sudden provided a separation paper. Since we never had an HR talk. We never had Admin hearings too.



If it says: Probationary employees enjoy security of tenure. This is guaranteed under our law.

That procedural due process must be complied with in order to validly terminate the services of a probationary employee. Pursuant to Section 2 (d), Rule I, Book Six of the Labor Code’s IRR, for termination of employment based on just causes, (a) a written notice must be served on the employee specifying the ground/s for termination, and giving him reasonable opportunity within which to explain his side; (b) a hearing or conference must be conducted; and (c) a written notice of termination must also be served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. For termination due to authorized causes, due process is deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least 30 days before the effectivity of the termination, specifying the ground or grounds for termination



Then Does this mean company have terminated us in bad faith? Because the reasons we have also to counter them is



1. We never get any notice

2. There are people (colleagues with the same batch) who went on absent (for 2 & half days within the training period. REASON " his wife's uncle died" which is not valid at all since a bereavement is only being grant upon regularization or if is excused plus+ (IT MUST BE OF FIRST DEGREE RELATIVE) not by just your husband/wife relative so to speak is person wasn't taken off the work though they stated that a person who went in absent will be taken off during the training . while we were absent after the training period. (CAN YOU SEE THE DIFFERENCE IF THE VALIDITY OF OUR REASON OF BEING ABSENT?) Still this colleague of ours never receive any sanction and still continue working even he got 2 & half absence.

3.another colleague who has been late everyday for an hour or two.



(WE HAVE A POINT SYSTEM)

.25 (15NINS LATE)

.50 (30MINS)

1.75( 1 & 30)

If you inccured 5points its for (termination)

So if this person is late everyday, why on earth she never inccure sanctions and have continue her work?

We still have a lot of reasons

Now please answer me if we have a points here!?

Specially we filed a cased with SENA since its been 3months they never gave our last salary unless we sign the separation paper which we never did.

Second when we got our salary , the company is forcing us to sign a quiclaim paper coming from them if not we won't be able to get our salary this is a form of Bribe. However to get our salary we asked the advice of the arbiter he told us that there is no problem signing the quit claim from NLRC since this case is different from another case that we will be filing. So we did sign the quitclaim however we also made a counter affidavit that is written in a paper which states we only signed becos of our salary but this doesn't mean we won't be filing another case. And we signed in it together with the company's HR, then we filed another case again. FYI: first cased file was regarding salary/wages , Now we have filed again for due process and moral exemplary. The company on their reply from the position paper we submitted says we have already signed a quitclaim after receiving a financial assistance ( Financial assistance which is actually our salary) and says that the paper we made as counter affidavit isn't valid since the respondent is not the one who signed? (If the HR signed it which is a part if the company isnt its valid?)



So all of e company stories are fabricated. Any advise please? As the attorney we got looks like doesn't know anything ;(

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10 Re: Probitionary Termination on Thu Apr 13, 2017 4:58 pm

lukekyle


Reclusion Perpetua
medyo too late na kasi you are awaiting the arbiters decision na

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11 Re: Probitionary Termination on Thu Apr 13, 2017 6:59 pm

ineedananswerplease


Arresto Menor
But ano pong advise nyo? Me laban kame DBA? Kadi out if nowhere tinanggal agad agad samantalang me basis naman kme ng different absenteeism and behaviour ng kawork namen compare samin na me valid reason?

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12 Re: Probitionary Termination on Fri Apr 14, 2017 1:58 am

lukekyle


Reclusion Perpetua
nothing to advise. wala naman kayo magagawa but antayin na ang decision ng arbiter.

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13 Re: Probitionary Termination on Mon Apr 17, 2017 9:19 pm

ineedananswerplease


Arresto Menor
Sir Luke kyle matagal po ba ang desisyon ng arbiter? Kadalasan it takes how many weeks po? Or months?

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