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Probationary and Negotiation

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1 Probationary and Negotiation on Wed Jul 20, 2011 12:47 pm


Arresto Menor
Hi! According to my written contract, probationary status is for 3 months. There was also a verbal agreement that after my probationary status, there will be an increase in pay, which was also my reason for accepting the initial offer. It is now nearing the end of 5th month, I have been following up every week for a meeting regarding my regularization, no feedback has been given except that I will be given a letter, though no date was provided for this response as well. I did a little research with senior employees, apparently, most people have also been given the same verbal agreement, none have received any.

I am basing my question on

"ART. 281. Probationary Employment. – Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause 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. An employee who is allowed to work after a probationary period shall be considered a regular employee."

Also, I have not received a single payslip since I entered the company. The company is good, but technicalities seem to be forgotten at times. What is my best course of action?

Thank you.

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2 Re: Probationary and Negotiation on Wed Jul 20, 2011 3:04 pm

"An employee who is allowed to work after a probationary period shall be considered a regular employee."

I would suggest you continue to work even in excess of six (6) months to become a regular employee. The absence of a written contract signifying that you are a regular employee is not fatal in acquiring a regular status. The law categorically states that if a probationary employee is allowed to work beyond the six month period, then he is deemed to be a regular employee.

Your act of reminding them of your status might trigger them not to regularize you. I suggest you allow the six month period to lapse in itself.

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