This case has been cited 7 times or more.
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2014-04-22 |
PERLAS-BERNABE, J. |
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| These cumulative requirements are demanded from the employer itself and cannot be supplied for him by law. These requirements, too, should serve to dispel the wrong notion that a probationary employee enjoys lesser rights than a regular employee under the Labor Code. Since a probationary employment is not an "employment at will" situation as that phrase is understood in American jurisprudence, the only way by which the constitutional guarantee of security of tenure may be enforced is to ensure that the employer sufficiently discharges its burden of proving compliance with these requirements in the same manner that it is burdened to prove the existence of a valid cause in dismissing an employee.[16] | |||||
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2013-07-23 |
PERLAS-BERNABE, J. |
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| On April 20, 2005, Alcaraz had a meeting with petitioner Cecille Terrible (Terrible), Abbott's former HR Director, to discuss certain issues regarding staff performance standards. In the course thereof, Alcaraz accidentally saw a printed copy of an e-mail sent by Walsh to some staff members which essentially contained queries regarding the former's job performance. Alcaraz asked if Walsh's action was the normal process of evaluation. Terrible said that it was not.[17] | |||||
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2011-06-01 |
NACHURA, J. |
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| (d) In all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee. In Magis Young Achievers' Learning Center v. Manalo,15 the Court described probationary employment in this wise: A probationary employee or probationer is one who is on trial for an employer, during which the latter determines whether or not he is qualified for permanent employment. The probationary employment is intended to afford the employer an opportunity to observe the fitness of a probationary employee while at work, and to ascertain whether he will become an efficient and productive employee. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer, on the other hand, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. Thus, the word probationary, as used to describe the period of employment, implies the purpose of the term or period, not its length.[16] It can be gleaned from the foregoing provisions of law and jurisprudential pronouncement that there are two grounds to legally terminate a probationary employee. It may be done either: a) for a just cause; or b) when the employee fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the start of the employment.[17] | |||||
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2011-04-11 |
NACHURA, J. |
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| (d) In all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee. In Magis Young Achievers' Learning Center v. Manalo,15 the Court described probationary employment in this wise: A probationary employee or probationer is one who is on trial for an employer, during which the latter determines whether or not he is qualified for permanent employment. The probationary employment is intended to afford the employer an opportunity to observe the fitness of a probationary employee while at work, and to ascertain whether he will become an efficient and productive employee. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer, on the other hand, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. Thus, the word probationary, as used to describe the period of employment, implies the purpose of the term or period, not its length.[16] It can be gleaned from the foregoing provisions of law and jurisprudential pronouncement that there are two grounds to legally terminate a probationary employee. It may be done either: a) for a just cause; or b) when the employee fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the start of the employment.[17] | |||||
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2011-01-19 |
NACHURA, J. |
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| In all cases involving employees engaged on probationary basis, the employer shall make known to its employees the standards under which they will qualify as regular employees at the time of their engagement. Where no standards are made known to an employee at the time, he shall be deemed a regular employee,[26] unless the job is self-descriptive, like maid, cook, driver, or messenger. However, the constitutional policy of providing full protection to labor is not intended to oppress or destroy management.[27] Naturally, petitioner Supermarket cannot be expected to retain respondent as a regular employee considering that she lost P20,299.00 while acting as a cashier during the probationary period. The rules on probationary employment should not be used to exculpate a probationary employee who acts in a manner contrary to basic knowledge and common sense, in regard to which, there is no need to spell out a policy or standard to be met.[28] | |||||
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2006-09-12 |
CALLEJO, SR., J. |
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| In the light of his intransigent refusal to mend his ways and follow company rules and regulations, respondent cannot expect his employment to be regularized simply because he was not furnished with a copy of the document containing the standards promulgated by it. On this matter, the following pronouncement of the Court in Aberdeen Court, Inc. v. Agustin, Jr. [59] is instructive:The above rule, however, should not be used to exculpate a probationary employee who acts in a manner contrary to basic knowledge and common sense, in regard to which there is no need to spell out a policy or standard to be met. This is what the NLRC found to be the fact in this case. Said the NLRC: It bears stressing that even if technically the reading of air exhaust balancing is not within the realm of expertise of the complainant, still it ought not to be missed that prudence and due diligence imposed upon him not to readily accept the report handed to him by the workers of Centigrade Industries. Required of the complainant was that he himself proceed to the work area, inquire from the workers as to any difficulties encountered, problems fixed and otherwise observe for himself the progress and/or condition/quality of the work performed. | |||||
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2006-05-05 |
QUISUMBING, J. |
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| As Article 281 clearly states, a probationary employee can be legally terminated either: (1) for a just cause; or (2) when the employee fails to qualify as a regular employee in accordance with the reasonable standards made known to him by the employer at the start of the employment.[10] Nonetheless, the power of the employer to terminate an employee on probation is not without limitations. First, this power must be exercised in accordance with the specific requirements of the contract. Second, the dissatisfaction on the part of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law; and third, there must be no unlawful discrimination in the dismissal. In termination cases, the burden of proving just or valid cause for dismissing an employee rests on the employer.[11] | |||||