This case has been cited 3 times or more.
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2007-06-08 |
CHICO-NAZARIO, J. |
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| The services of an employee hired on probationary basis may be terminated when he or she 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. The law does not preclude the employer from terminating the probationary employment, if the employer finds that the probationary employee is not qualified for regular employment.[26] As long as the termination was made for reasons provided under Article 281 of the Labor Code before the expiration of the six-month probationary period, the employer is well within its rights to sever the employer-employee relationship. A contrary interpretation would contravene the clear meaning of the term "probationary."[27] The law in protecting the rights of the laborer authorizes neither the oppression nor the self-destruction of the employer.[28] | |||||
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2007-03-28 |
CHICO-NAZARIO, J. |
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| It must be noted that petitioners were terminated prior to the expiration of their probationary contracts on 3 July 2001. As probationary employees, they enjoyed only temporary employment status. In general terms, this meant that they were terminable anytime, permanent employment not having been attained in the meantime. The employer could well decide if he no longer needed the probationary's service or his performance fell short of expectations, as a probationary employee is one who, for a given period of time, is under observation and evaluation to determine whether or not he is qualified for permanent employment. During the probationary period, the employer is given the opportunity to observe the skill, competence and attitude of the employee to determine if he has the qualification to meet the reasonable standards for permanent employment. The length of time is immaterial in determining the correlative rights of both the employer and the employee in dealing with each other during said period. Thus, as long as the termination was made before the expiration of the six-month probationary period, the employer was well within his rights to sever the employer-employee relationship. A contrary interpretation would defeat the clear meaning of the term "probationary."[40] | |||||
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2006-09-12 |
CALLEJO, SR., J. |
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| ART. 281. Probationary employment. - Probationary employment shall not exceed six 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.[37] It is settled that a probationary employee enjoys only a temporary employment status, not a permanent status. In general terms, he is terminable anytime as long as such termination is made before the expiration of the six-month probationary period.[38] The employment of a probationary employee may only be 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 his employment. The power of the employer to terminate an employee on probation is thus subject to the following conditions: (1) it must be exercised in accordance with the specific requirements of the contract; (2) the dissatisfaction on the part of the employer must be real and in good faith, not prejudicial so as to violate the contract or the law; and (3) there must be no unlawful discrimination in the dismissal. The burden of proving just or valid cause for dismissing an employee rests on the employer. [39] | |||||