nag work from home kami during the EQC bilang po ba yun para his probationary period namin? `Where the dismissal results from the conclusion of a contract or a phase thereof, or from a worker`s failure to comply with the employer`s standards in the case of experimental employment, it shall be sufficient for the worker to be informed thereof in writing within a reasonable time from the date on which the dismissal takes effect.` (Section 2, Regulation I, Book VI of the Implementing Rules) No, no, no, don`t. But if you want to have an extension, it has to be somewhere in the middle of the probationary period. Because that way, you can see it from the records that you`ve analyzed, that you`ve evaluated, and then you can see the gaps, but you want to give it another chance before six months have passed. You should have already decided on the extension. If you set probationary periods for your employees (or casual workers), you must confirm them in writing no later than the first day of work (e.g. in a written contract). The information you provide to them must include all the conditions attached to the trial period and its duration. In this context, it would be desirable for companies invoking the first exception to have a written request from the employee before approving extensions. For companies invoking the second exception, it would be desirable to clearly explain the particular circumstances for which the 6-month period is not sufficient.
We must keep in mind the fundamental principle of labour law that the burden of proof is on the employer to demonstrate that the dismissal is legal and legal, and any doubt about this will be resolved in favour of the work (Agusan Del Norte Electric Cooperative, Inc., et al. Cagampang, et al. G.R. No. 167627, October 10, 2008). An employee who is authorized to work after a probationary period is considered a regular employee. (Article 296 of the Labour Code) Given that the context of the probationary extension is “free of charge” or is an extended consideration by management, the extension should be mutually agreed upon by management and the employee, limited in time and properly documented (preferably a written request for renewal by the employee, which must be approved by management). Good day Sir Sonnie, na hire po ako as an employee sa isang pogo last November. 18,2020 from po ay OK naman ang pag re render kor NG as probationary, midi po nag lockdown, 16 March 200, nakasama po ako sa nag stay in his company namin hanggang 30 June 2020, in evaluate po ako NG head of department namin ng puro negative side po duon, bago ang araw nag isseu sya ng final evaluation ay tinatanong po nya mga kapwa ko kasamahan na Kung dapat ba akong I regular at pagkatiwalaan Baka Daw pag naging regular ako, suwagin ko roh. Read More » The employee has potential. So you want to give them another chance, but in the sixth month they failed. And it reminds me of a story.
Would you like to hear that? Yes. There was a utility employee who worked for a company. So, six months – test, test, test, but when the six-month deadline was almost up, the performance evaluation revealed that it had failed. However, management saw that this child had potential – hardworking, with a good attitude. Extending the probationary period is not the general rule, lest it become a ploy to take advantage of the employee. It is the policy of the General Services Department (DGS) to extend an employee`s probationary period if he or she has not reached the required number of actual hours of work during the prescribed probationary period. Regardless of whether the employee is on leave (e.g., workers` compensation, FMLA, military leave, etc.), the probationary period must be extended if an employee has not completed the probationary hours required under Title 2, Section 321 of the CCR. It is clear from the case law that trainee employees continue to be entitled to the constitutional protection of security of possession. This means that they can only be dismissed for cause or if they do not otherwise qualify as regular employees according to reasonable standards communicated to them by the employer at the time of their recruitment [Alcira v. NLRC, G.R. No.
149859, June 9, 2004]. However, this constitutional protection ends at the end of the period provided for in his probationary employment contract. Thereafter, the parties are free to extend or not extend the contract [Manlimos v. NLRC, G.R. No. 113337, March 2, 1995]. The employer stated that the 3-month probationary period was extended for an additional 2 months because the employee was not yet ready for regular employment. The employer provided evidence of an administrative action form containing the recommendation. Okay, the first tip is, pay attention to the timing. All right? If you want to renew your trial contract, don`t renew it if it ends soon. For example, it ends tomorrow.
You are after six months or worse, the six-month period is already over, and then extend it from there. Your employee`s probationary period is over. It`s time to look back on their progress. Your process should give you time to do their. Added: There are of course other problems. For example, if a commercial facility is authorized to operate as directed by the relevant government agency, but the business chooses not to open (and employees are not called back to work), will the 6-month probationary period still be suspended? In regions where the GCQ classification has been changed to MGCQ, is the 6-month trial period still suspended? So let`s summarize some of the things that lawyer Erwin talked about. So what is the standard trial period? That`s six months. That`s right. All right.
And the next thing is, what`s the exception? Of course, the exception is our only chance. Yes, so we can extend the six months, as long as we give the employee another chance. And third, Attorney Erwin discussed steps or advice to give another chance. So there are several steps. Atty. Erwin, including the “Bea Doctrine.” Including the “Bea doctrine,” I hope you remember that. On the other hand, in Buiser, the Supreme Court upheld a probationary contract that provided for an 18-month period, based on the conclusion that the nature of the work required a longer probationary period to evaluate the employee`s performance and/or determine whether the employee was qualified. NB: While Mariwasa Manufacturing, Inc. v. Dequila (G.R. No. 74246, 26.
January 1989) allowed a probationary period to be extended from 6 months to a further 3 months, the case may be unique in itself because of the circumstances involved, since no other case law has followed with respect to the extension of a probationary period.