BoardRoom Discussions

A Supreme Court (of the Philippines) jurisprudence suggest this.

For years, employers are on their toes to ensure that the sixth month of employment of probationary employees are monitored to ensure no unqualified proby employees will be regularized. Likewise, proper documentation is considered a must for the following:

1. Discussion of employment standards/expectation levelling
2. Job description
3. Performance appraisal
4. Employment contracts and
5. Observance of twin notice rule

This is to ensure the decision to end an employee’s probationary contract will not be construed as whimsical.

But a Supreme Court  jurisprudence about a case of a supervisor who failed to qualify as a permanent employee   is rather interesting.

On the 6th month, the Supervisor was not allowed to time in and as a result, he sued the company for illegally dismissing him.  But the court says there is no termination or dismissal but rather an expiration of his 6 month probationary contract.

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The end of this series is now on sight, a couple of more posts and we’ll be able to conclude this one. For several weeks, we have been discussing the different grounds where an employee can lose his job.

There are two approaches to end employer-employee relationship:

1. Employee initiated or what we know as resignation.
2. Employer initiated or what we know as termination.

On item # 2, an employer is allowed to end the employer- employee relationship on the following reasons:

1. Just Causes or termination because of employee behavior, and
2. Authorized Causes or termination brought about by other factors aside from employee behavior.

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