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Extension of Probationary Period?

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1 Extension of Probationary Period? on Fri Sep 15, 2017 12:47 pm

dennisrobb


Arresto Menor
Facts:

1. Walang contract or agreement between employer and employee specifying the duration of the probationary period;

2. The employer is saying that the employee failed to meet the standards and is giving the employee a chance and will be extending the probationary period for one more month;

3. The employer requires the employee to sign a document stating that the employee agreed to the one month extension of the probationary period;

QUESTIONS:

1. Without a contract or agreement, between the employer and employee, as to the duration of the probationary period, would that mean that the mandatory 6 month probationary period stated by labor is followed by default?

2. There was no specific standards provided by the department head tot he employee for the employee to follow and work on during the probationary period. There was no performance evaluation of any kind conducted and employee was never called to any meet to assess performance and provide avenue for improvement if it was needed. Is there any remedy to this?

3. Is an EXTENSION of the probationary period, AFTER THE FACT (6months) allowed by Labor?

Thanks.

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2 Re: Extension of Probationary Period? on Fri Sep 15, 2017 1:26 pm

Patok


Reclusion Perpetua
1 month extension is reasonable.

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3 Re: Extension of Probationary Period? on Fri Sep 15, 2017 1:38 pm

mikos23


Prision Correccional
1. yes

2, yes, make a performance appraisal, standards, guides, etc.

3. yes

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4 Re: Extension of Probationary Period? on Fri Sep 15, 2017 1:47 pm

lukekyle


Reclusion Perpetua
1. no pwedeng one month lan, 3 months etc. but it cannot extend beyond 6 months except if at the 6 month period the employee fails the evaluation and the employer is open to give him an extension to give him another chance.
2. Very vague yung question. What do you mean "is there any remedy/"
3. If it is signed on the 1st working day after the period, then it is allowed.

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5 Re: Extension of Probationary Period? on Fri Sep 15, 2017 2:28 pm

dennisrobb


Arresto Menor
Thanks for the replies.

Please disregard Question #2.

Im more inclined to clarify the issue of extending the probationary period of an employee.

Let us say, for the purpose of argument, the employee failed the evaluation and the employer wants to give the employee a chance to improve and extends the probationary period for another month BEYOND the 6 month probationary period allowed by Labor, will that act be in violation of the labor rule on probationary periods?


Or if you'll allow me, i want to present it from different perspective.

Let us say, the employer finds the employee good enough for the job but doesn't want to regularize his employment. Presents to the employee evaluation reports stating that the employee failed the company standards but will give the employee a chance by extending the probationary period for a month. The employee needs the job and agrees to the extension. What would stop the employer from extending the probationary period again and again in order to skirt regularizing the employ of the employee and giving him mandatory benefits?








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6 Re: Extension of Probationary Period? on Fri Sep 15, 2017 3:23 pm

mikos23


Prision Correccional
Here is from my experience.

company initiated extension of probationary employment beyond the 6 months period does not bode well in DOLE/NLRC, specially if there is no "standard" that the employee have signed. sabi nga nila, bagsak na nga sa 1st 5 months ng probationary period, what can he do in 1 month to erase all his failure in performance?

Now, if there is a standard that is being monitored and on the fifth month of probationary employment, the appraisal shows that the employee was able to complete 80% of the target and the employee "initiated" the request for extension that he will finish the target in 1 more month, then the extension is justifiable.

What will happen after 1 month extension
1) employee failed the 1 month appraisal, employer does not regularized the employee = employee file a case, lose lose scenario
2) employee failed the 1 month appraisal, employer regularized the employee so to avoid technicalities in labor = employee wins, employer lost
3) employee passed the 1 month appraisal, employer regularized the employee = win win situation

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7 Re: Extension of Probationary Period? on Fri Sep 15, 2017 3:34 pm

lukekyle


Reclusion Perpetua
What would stop the employer from extending the probationary period again and again in order to skirt regularizing the employ of the employee and giving him mandatory benefits?
- nothing. it is being done by some companies right now.
What benefits are you talking about? There are no benefits to my knowledge that would accrue because of regularization. If you are thinking about the service incentive leave, this is gained when you are employed for more than a year. Regular or probationary wont factor into the equation.

Companies that utilize this scheme do so not to avoid paying benefits, its para madaling magtanggal ng employee. sasabihin lang na di pumasa sa evaluation

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8 Re: Extension of Probationary Period? on Fri Sep 15, 2017 3:49 pm

Patok


Reclusion Perpetua
if you feel that company is just extending to avoid regularization.. then resign.

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