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Illegal Termination of a probationary employe

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1 Illegal Termination of a probationary employe on Mon Oct 17, 2011 8:34 pm

empchk


Arresto Menor
I'd like to ask if due process (2 notice rule)
applies to probationary employees also?

I have a friend who was terminated by a company
without due process. Let me share with you the
facts:

1) the person is on probationary status
2) hired sometime in July. The employee was terminated last Oct 12, 2011.
3) The employee received an email last Oct 12, 2011(at 11:17 a.m.), that he was being given a final written warning. This was only through email and no physical document was given to the employee.
4) The employee was informed that it was his last day at work in the evening of Oct 12, 2011.
5) The final written warning emailed to him was never presented to him when he met with his supervisor in Oct 10, 2011
6) There was no termination notice given to him. He was just asked to surrender the materials issued by the company was asked to sign the clearance form for his back pay to be processed.

I hope you can give me some light on this. Also, if this is a case of illegal termination / dismissal, where can the case be filed?

Thank you!

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attyLLL


moderator
yes, a probationary employee enjoys security of tenure during the probationary period. all employees are entitled to due process.\

an illegal dismissal case is filed at the nlrc


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empchk


Arresto Menor
thank you for your reply!

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dukerhy


Arresto Menor
2 notice rule does not apply to probationary employee. termination of probationary employee must be based on just or authorized causes or if the employee does not meet the reasonable standards made by the employer at the time of the engagement of his services. title six section 6 of the omnibus rule on labor law

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attyLLL


moderator
dukerhy, be careful. don't mix up being terminated for just cause as in the example here, and being terminated for failure to meet standards.

the latter does not require two notices, but the former does. http://sc.judiciary.gov.ph/jurisprudence/2007/july2007/164532.htm


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6 HELP!!! on Tue Apr 01, 2014 1:33 am

Culotacoh


Arresto Menor
Need Help!!! I am a probationary employee (1month in this company). I was absent for 3 days(2 days due to migraine and 1 day cause of fire in our area). When I got back in the office i noticed that all my log-ins are not working, and when i asked my supervisor she told me that according to the owner of the company they will terminate me cause of my absences. Can I file a lawsuit against the company? We don't have documents stating that I will be terminated for occurring absences, I didn't even receive any written or verbal warning. The owner only asked my supervisor to tell me that I don't need to come to work that evening (by the way, they only told me that 10mins after i came in the office and tried my log-ins. if i didn't ask, they wont even tell me), and that I should come back the following day where they will serve my termination letter. Will I sign the termination letter? Help pls, what will I do?

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council


Reclusion Perpetua
Culotacoh wrote:Need Help!!! I am a probationary employee (1month in this company). I was absent for 3 days(2 days due to migraine and 1 day cause of fire in our area). When I got back in the office i noticed that all my log-ins are not working, and when i asked my supervisor she told me that according to the owner of the company they will terminate me cause of my absences. Can I file a lawsuit against the company? We don't have documents stating that I will be terminated for occurring absences, I didn't even receive any written or verbal warning. The owner only asked my supervisor to tell me that I don't need to come to work that evening (by the way, they only told me that 10mins after i came in the office and tried my log-ins. if i didn't ask, they wont even tell me), and that I should come back the following day where they will serve my termination letter. Will I sign the termination letter? Help pls, what will I do?

Were you advised of the guidelines regarding attendance, and the standards required of the job, in relation to absences?

If the termination was arbitrary and did not follow due process, you might be able to file an illegal dismissal case at NLRC. However, I don't think you'd want to go back and work there again.

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8 Help pls!! on Wed Apr 02, 2014 3:52 am

Culotacoh


Arresto Menor
council wrote:
Culotacoh wrote:Need Help!!! I am a probationary employee (1month in this company). I was absent for 3 days(2 days due to migraine and 1 day cause of fire in our area). When I got back in the office i noticed that all my log-ins are not working, and when i asked my supervisor she told me that according to the owner of the company they will terminate me cause of my absences. Can I file a lawsuit against the company? We don't have documents stating that I will be terminated for occurring absences, I didn't even receive any written or verbal warning. The owner only asked my supervisor to tell me that I don't need to come to work that evening (by the way, they only told me that 10mins after i came in the office and tried my log-ins. if i didn't ask, they wont even tell me), and that I should come back the following day where they will serve my termination letter. Will I sign the termination letter? Help pls, what will I do?

Were you advised of the guidelines regarding attendance, and the standards required of the job, in relation to absences?

If the termination was arbitrary and did not follow due process, you might be able to file an illegal dismissal case at NLRC. However, I don't think you'd want to go back and work there again.



We were not given any guidelines. We are the pioneering team for the company. We don't even have an employee's handbook, taxes are not yet deducted from our salaries, the company does not pay our SSS, no Philhealth or Pagibig and medicards. No due process, I came in to work and after realizing that my logins are no longer working that is when i asked how come my accounts are deactivated. That is the only time that I was informed by a subordinate that I can go home and just go back the following day cause the manager will talk to me and hand me over the termination letter.

In case I file a suit against the company, what are the usual or common scenarios? Also, what do i need to do? I am scheduled to get the termination letter tomorrow, will I sign it?

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council


Reclusion Perpetua
Culotacoh wrote:
council wrote:
Culotacoh wrote:Need Help!!! I am a probationary employee (1month in this company). I was absent for 3 days(2 days due to migraine and 1 day cause of fire in our area). When I got back in the office i noticed that all my log-ins are not working, and when i asked my supervisor she told me that according to the owner of the company they will terminate me cause of my absences. Can I file a lawsuit against the company? We don't have documents stating that I will be terminated for occurring absences, I didn't even receive any written or verbal warning. The owner only asked my supervisor to tell me that I don't need to come to work that evening (by the way, they only told me that 10mins after i came in the office and tried my log-ins. if i didn't ask, they wont even tell me), and that I should come back the following day where they will serve my termination letter. Will I sign the termination letter? Help pls, what will I do?

Were you advised of the guidelines regarding attendance, and the standards required of the job, in relation to absences?

If the termination was arbitrary and did not follow due process, you might be able to file an illegal dismissal case at NLRC. However, I don't think you'd want to go back and work there again.



We were not given any guidelines. We are the pioneering team for the company. We don't even have an employee's handbook, taxes are not yet deducted from our salaries, the company does not pay our SSS, no Philhealth or Pagibig and medicards. No due process, I came in to work and after realizing that my logins are no longer working that is when i asked how come my accounts are deactivated. That is the only time that I was informed by a subordinate that I can go home and just go back the following day cause the manager will talk to me and hand me over the termination letter.

In case I file a suit against the company, what are the usual or common scenarios? Also, what do i need to do? I am scheduled to get the termination letter tomorrow, will I sign it?

Sign it, and note on paper that you will file a dispute with DOLE for illegal dismissal.

Indicate "Received under protest" and go to NLRC. But be sure all your documentation is in order and you have proof that you were employed there (payslip, ID, etc). You may also file a complaint regarding the SSS/PHIC/HDMF issues.

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10 Help on Thu Apr 17, 2014 3:13 pm

BLADE1825


Arresto Menor
Can a probationary employee be terminated if the causes being implied in his appraisal form for his discontinued employment has not been brought to his attention prior to his dismissal?

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