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probationary illegal termination

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1 probationary illegal termination on Mon Oct 23, 2017 5:47 pm

ahnmaeri17


Arresto Menor
Hi, may I seek for your legal advise. Sorry if it will be long.

Last May 2017, I got absorbed by a BPO company and since it will be a new company, I am aware that I still undergo probationary period. The general manager did not interview me whatsoever and just told me that I can start by this date, so I signed the contract (only 1 copy supplied and it's on the company's possession) worked for months there and waited to be regularized by Nov 2017. But last Oct 2017, our general manager asked me to come to the boardroom and to my surprise he handed me a blank probationary termination form and said that the company doesn't need my services anymore. When I asked for the reason, he said that (1) the decision has already been made (2) if I would know the reason, it would be unacceptable for me. I still insist for the reason but he just said the same thing so I refused to sign the from. After that, he bring 2 persons to the boardroom and have them sign the form as witness for my refusal. **by the way, they only presented 1 termination form and I don't have it in my possession**

As per their employee manual, there should be a process before the actual termination and I am sure that I did not receive any notice (written/verbal) regarding the grounds on my work, did not submit any form of explanation and did not undergo any hearing/conference... I just receive a blank probationary termination form on the day itself. I did not receive any letter regarding my evaluation which as per manual should have been every 2 months within probationary period and also my supervisor did not talk any problems/issues regarding with my work so I believe I still meet the company standards.
**by the way, the company did not also gave us our own copy of the said manual, even if we ask, he always says that it was a company property. I just had a handwritten copy which I take down notes and pictures of each pages thru my phone**

So I really am clueless on the reason they terminate me.

My question is, are they allowed to do that for a probationary employee? Shouldn't all employee probationary or not must undergo a due process before termination? And if I file a complaint at NLRC, do I have a high chance of winning?

I know this is just one side of the story but I hope you can enlighten me. Thanks in advance.

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2 Re: probationary illegal termination on Tue Oct 24, 2017 8:34 am

mikos23

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Reclusion Perpetua
There is a difference of termination of probationary contract and termination of employment.

If you are talking about receiving notice (written/verbal), submitting explanation, hearing, etc.... this is due process for just cause of termination of employment.

However, termination of probationary contract is different. All they need is a document stating that you did not pass the probationary period. Of course, supporting documents also is needed.

Out of the two it is probably that they serve you the termination of probationary because they did serve it to you 1 month before your 6th month period.

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3 Re: probationary illegal termination on Tue Oct 24, 2017 5:41 pm

ahnmaeri17


Arresto Menor
mikos23 wrote:
However, termination of probationary contract is different. All they need is a document stating that you did not pass the probationary period. Of course, supporting documents also is needed.

Out of the two it is probably that they serve you the termination of probationary because they did serve it to you 1 month before your 6th month period.


What kind of document/s is that? Shouldn't they also gave me a copy of that document/s and received it so that I am aware of my probationary status?

I was not given any document/s or supporting documents prior to actual day of my termination.

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4 Re: probationary illegal termination on Tue Oct 24, 2017 6:21 pm

Rinnie

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Arresto Menor
Normally, probationary can be terminated if you didn't pass, it can be as early as 3 months until the very last day. Usually, they will hand you your evaluation or if they didn't show you the document itself, they would atleast tell you why you are going to be terminated or why didn't pass.

Are you the only one getting terminated?

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5 Re: probationary illegal termination on Tue Oct 24, 2017 9:38 pm

ahnmaeri17


Arresto Menor
Rinnie wrote:Normally, probationary can be terminated if you didn't pass, it can be as early as 3 months until the very last day. Usually, they will hand you your evaluation or if they didn't show you the document itself, they would atleast tell you why you are going to be terminated or why didn't pass.

Are you the only one getting terminated?


I asked my supervisor if she evaluated me then she told me she did not. Then I asked our dept manager if he also evaluated me, he said, he did not. So basically, the company doesn't have any evaluation documents to refer to and to hand-over.

Then, during termination incident, when I asked our general manager what is the reason for my termination he said, "two reasons. one, the decision has been made and two if you knew the reason, it would be unacceptable for you"

There are a lot of probationary employees before me and even now, who were terminated on the spot and without any given documents/reason.

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6 Re: probationary illegal termination on Wed Oct 25, 2017 7:44 am

mikos23

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Reclusion Perpetua
Most of the companies today still don't have an appraisal for probationary period or their supervisors and managers are not doing their part in training and evaluating probationary period. Usually the reason for employees being regularized is by the recommendation of the said supervisors and managers even without data to back them up. the others are just told to go find another job.

Probationary employees does not have right of tenure. As long as the company give a 1 month notice to the probationary (informing employee on their fifth month that they are not qualified), DOLE usually deemed the company in compliance until they are reported by employees.

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7 Re: probationary illegal termination on Thu Oct 26, 2017 10:14 am

ahnmaeri17


Arresto Menor
mikos23 wrote:Probationary employees does not have right of tenure. As long as the company give a 1 month notice to the probationary (informing employee on their fifth month that they are not qualified), DOLE usually deemed the company in compliance until they are reported by employees.

So I can complain that company to NLRC or DOLE to question my termination?

I've heard that they already have records on NLRC because of the other employees before I got employed who also complained.

I want them to clean my name -- instead of termination, I will voluntary resign. Also, can I asked for damages like moral and exemplary damages?

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8 Re: probationary illegal termination on Sat Oct 28, 2017 5:03 am

arnoldventura


Prision Mayor
If they terminated your probationary employment without your performance being evaluated, then we can safely assume that your termination is not because of your poor performance. In such case, the company should have a just cause for terminating your employment, and due process must be observed. Try reading this. I hope it helps you. https://www.alburovillanueva.com/dismissal-termination-employment

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9 Re: probationary illegal termination on Fri Nov 03, 2017 8:47 pm

ahnmaeri17


Arresto Menor
arnoldventura wrote:If they terminated your probationary employment without your performance being evaluated, then we can safely assume that your termination is not because of your poor performance. In such case, the company should have a just cause for terminating your employment, and due process must be observed. Try reading this. I hope it helps you. https://www.alburovillanueva.com/dismissal-termination-employment


Thanks for the article though I still have few questions left.

When the termination form was handed to me, it was blank so no effectivity date of termination was written and our GM didn't tell me when. I did not sign the form (since I think its illegal) and did not report to work after that. It happened on tuesday, then on friday that week I went back to the office to get my personal things. My email was locked and no one told me if I should still report or not. I am willing to report if they would tell me but since no one told me to do so, I assumed that I am not welcome to the company anymore. Then, the finance called me few days after that I can already claim my backpay.

My question is, can they charge me as AWOL? or should I file a leave of absence?

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10 Re: probationary illegal termination on Sun Dec 03, 2017 5:04 pm

ahnmaeri17


Arresto Menor
Hi, can you give me some advise?

I already filed a complaint to my previous company and the case was already at the larbor arbiter. During the 1st mediation, the arbiter asked the general manager (GM) along with his lawyer and newly hired HR the cause of my termination. The lawyer answered that it was due to my poor performance and that there was a client complaint. Another reason was due to my tardiness. I admit the tardiness issue and explained that I lived at the South while working in Ortigas then the arbiter explained to me that still it is not a valid reason to be late. I answered that I know and that I have no excuse regarding that but my question is where did the poor performance and client complain coming from? The GM answered that I was given an oral evaluation my the big boss that I am so sure that it didn't happened ever.

I asked my dept manager if he knows about the client complain but he did not want to speak so I leave him be. Then I asked my immediate supervisor and the sales officer assigned to my team if they know or even heard about the complain regarding my work or how I work. They both answered that they did not know anything (btw, I have screenshots of their statements). Also, my immediate supervisor told me that when she talked to the big boss, she was asked if she knew about the client complaint... she answered NO then the big boss said that "okay, that's fair enough. We did not inform you on clients complain because that is within owners and general managers only" and said that it was a "management issue."

After knowing all that, I was all confused. Is it REALLY "fair enough" not to know the client complaint if it concerns me and my work? Also, if the big boss said that it was a "management issue", what do you think he mean by that? And why does it cause for my termination?

Hope you can enlighten me... before I make my decision to write position papers tomorrow. Thanks a lot.

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11 Re: probationary illegal termination on Sun Dec 03, 2017 10:16 pm

Ninojesusdizon


Arresto Menor
gud evening po,
noong nakaraang september 2017 nagresign po ako sa work ko almost 10 years po ako sa work ko ang tanung ko po may makukuha po ba akong 13th month pay? paano po ito kwentahin? ayon sa labor? pwde po ba makahinging advice..... salamat

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12 Re: probationary illegal termination on Mon Dec 04, 2017 7:01 am

mikos23

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Reclusion Perpetua
Being a probationary employee, one mus meet the "requirements" set by the company.

In my opinion, you have not met the requirement because of
1. tardiness
2. customer complain

in an employees performance appraisal, getting a negative point on this would greatly affect your performance rating, specially the customer complain, cause it affect the image of the company.

my advice, just go find another job, it's not worth fighting your way back to that company.

ahnmaeri17 wrote:Hi, can you give me some advise?

I already filed a complaint to my previous company and the case was already at the larbor arbiter. During the 1st mediation, the arbiter asked the general manager (GM) along with his lawyer and newly hired HR the cause of my termination. The lawyer answered that it was due to my poor performance and that there was a client complaint. Another reason was due to my tardiness. I admit the tardiness issue and explained that I lived at the South while working in Ortigas then the arbiter explained to me that still it is not a valid reason to be late. I answered that I know and that I have no excuse regarding that but my question is where did the poor performance and client complain coming from? The GM answered that I was given an oral evaluation my the big boss that I am so sure that it didn't happened ever.

I asked my dept manager if he knows about the client complain but he did not want to speak so I leave him be. Then I asked my immediate supervisor and the sales officer assigned to my team if they know or even heard about the complain regarding my work or how I work. They both answered that they did not know anything (btw, I have screenshots of their statements). Also, my immediate supervisor told me that when she talked to the big boss, she was asked if she knew about the client complaint... she answered NO then the big boss said that "okay, that's fair enough. We did not inform you on clients complain because that is within owners and general managers only" and said that it was a "management issue."

After knowing all that, I was all confused. Is it REALLY "fair enough" not to know the client complaint if it concerns me and my work? Also, if the big boss said that it was a "management issue", what do you think he mean by that? And why does it cause for my termination?

Hope you can enlighten me... before I make my decision to write position papers tomorrow. Thanks a lot.

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13 Re: probationary illegal termination on Mon Dec 04, 2017 7:03 am

mikos23

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Reclusion Perpetua
Next time create your own thread and do not add your question to an existing thread with a different topic.

computation of 13th month pay, total all the basic pay you received for the year, less the total deductions for the year (absences, tardiness, undertime) and divide it by 12.


Ninojesusdizon wrote:gud evening po,
noong nakaraang september 2017 nagresign po ako sa work ko almost 10 years po ako sa work ko ang tanung ko po may makukuha po ba akong 13th month pay? paano po ito kwentahin? ayon sa labor? pwde po ba makahinging advice..... salamat

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14 Re: probationary illegal termination on Mon Dec 04, 2017 1:32 pm

ahnmaeri17


Arresto Menor
mikos23 wrote:Being a probationary employee, one mus meet the "requirements" set by the company.

In my opinion, you have not met the requirement because of
1. tardiness
2. customer complain

in an employees performance appraisal, getting a negative point on this would greatly affect your performance rating, specially the customer complain, cause it affect the image of the company.

my advice, just go find another job, it's not worth fighting your way back to that company.

Alright, I'll just move on and drop the case but I still have a few questions left. I know that the complain affects my performance but is it really fair not to know about the client complain? I need to know how much I should informed regarding my work so that I won't make the same mistakes again. Thanks in advance.

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15 Re: probationary illegal termination on Mon Dec 04, 2017 2:17 pm

mikos23

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Reclusion Perpetua
No it's not fair not to know about the complaint of the client. It's not fair you were not coach by your immediate superior.

Ideally, the immediate superiors would tell / cascade to employees about what happened to their performance and give advice on what needs to improve, but since this is not a perfect world, things like this happens a lot and in almost all the companies.

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16 Re: probationary illegal termination on Mon Dec 04, 2017 3:24 pm

ahnmaeri17


Arresto Menor
mikos23 wrote:No it's not fair not to know about the complaint of the client. It's not fair you were not coach by your immediate superior.

Ideally, the immediate superiors would tell / cascade to employees about what happened to their performance and give advice on what needs to improve, but since this is not a perfect world, things like this happens a lot and in almost all the companies.


Alright. Well, the GM already called me and offered me that they will give me my demand to have a voluntary resignation instead of termination. This is to clear my employment records. But in regards to my other demand which is for them to pay the moral and exemplary damages, he said that they cannot give it.

I know that I did not undergo a due process because of the fact that I was not evaluated by my immediate supervisor and was not informed by the said client complaint but I think I can settle with just clarifying my records and move on. My employment record is more important than the money claims. Thank you all for your help and advise.

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