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Terminated 2 days before regularization.

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1Terminated 2 days before regularization. Empty Terminated 2 days before regularization. Fri Aug 03, 2018 9:17 pm

calmoite1978


Arresto Menor

Hi,

I was terminated on July 20 and was supposed to be regularized on the 22nd. Is this legal? I was not given a chance to defend myself and my 150-day review was discussed to me on July 17th. It was written there that I had to do some actions with my manager's help but it never happened due to the termination. Kindly advise and thank you in advance.

mikos23

mikos23
Reclusion Perpetua

yes it is legal, and it's not "termination" per se, its more of "termination of probationary period" or "expiration of probationary contract".

no need to defend yourself because termination of probationary period is based on performance appraisal. if you did not pass their standards, you are not "regularized"

arnoldventura


Reclusion Perpetua

If there are performance issues raised before you were "laid off", then you were not deemed fit to become regular. The management would then be constrained to end your probationary employment before it ripens into a regular employment. https://www.alburovillanueva.com/types-employment-affects-security-tenure-2

calmoite1978


Arresto Menor

Thank you for your responses. What if the only unsatisfactory score was due to factors beyond my control? For example, I was tasked to recruit and hire a team but was also training myself since the company does not provide one. In addition, I raised several concerns and action plans on how to add volume of applicants but none was approved. They simply wanted traditional hiring methods. Next is that the timeframe given was unrealistic given only one month to hire 30 people and that the final interviewer was failing applicants consistently. Unbecoming as well is the lack of support and that I was made to believe that I will not be let go of.

mikos23

mikos23
Reclusion Perpetua

well the standard is to hire during your turn around time. if you failed to meet it, then you don't meet the standards set by the company.

HansNCarol


Arresto Menor

If the termination of probationary employment is brought about by the failure of an employee to meet the standards of the employer, it is sufficient that a written notice is served the employee within a reasonable time from the effective date of termination. (Section 2, Rule I, Book VI, Rules to Implement the Labor Code)

lukekyle


Reclusion Perpetua

if you feel na ang standards ng company is unreasonable then maybe it is better na you weren’t regularized rather than you keep failing their standards.  this would just cause stress and eventually lead to sanctions and termination

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