regularization

hello po.kindly answer my concern as soon as possible. probationary po ako dati for 6 months.ngayon mag to two years na po ako. wala pa akong regularization notice. Ngayon automatic regular na po ba ako and if ever, automatic subject to regular employee benefit na po b ako?

Hi nioabejon,

As provided under article 281 of the Labor Code, a Probationary employment shall not exceed six (6) 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.

Since you are working with the company for more than six months, you are entitled to all company benefits.

Attyjoyce: sa company po namin 6 months ang regularization pero ang benefits of having SL and VL eh pag naka one year kana? tama po ba ito? or upon regularization eh entitled kana ng SL at VL?

hi po,

what if po naka agency ako? mag 2 years na po ako s company,pero under agency prn ako at hnd pa inaabsorb ng company as regular employee?

kung agency.. pano ang contract? usually every 6 months lang yan tapos ni re renew.. so hindi ka talaga ma re regular..

The interpretations that if agency ka lng ay hindi mareregular is TOTALLY WRONG. You can demand for a regular status, even if you served broken or continues. If not to be considered, file a complaint at DOLE for LABOR ONLY CONTRACTING. Its is against the LAW.

it's against the law pero bakit ang daming nakakalusot?? just look at SM.. yung mga sales lady don puro 5 months contract then renew lang nang renew..

eh walang nagcocomplaint ehhh..ganun lng yun kasimple

sa palagay mo sa lahat nang saleslady nang SM walang nag complaint?

Patok & Alexisbantilan

Let me share my inputs.

Base on the seminars I have attend with DOLE, Labor-only contracting means that the worker is paid by the work he has done. In layman's term, pakyawan. Pakyawan is prohibited by law since worker's salary is dependent on how much he produces. For instance, a packer paid by pakyawan earns P2 for every pack he can do, he would only earn P300 if he is only able to pack 150 pieces per day which is below minimum.


Manpower agency is allowed in our country and company having employees under agency is not oblige to regularize under-agency employee since the agency and the company are separate entities. Although, the company has the prerogative to absorb under-agency employees.

What is not allowed is contractual employees directly under the company to be renewed every five months. Once the employee extends more that 5 months, he should be considered regular employee.

so kung via agency ok lang sa labor law natin kahit hindi ma regularize.. hindi ba humahanap lang sila nang butas sa batas.. every 5 months ang contract.. hindi nga naman makaka 6 months.. tapos kailangan magpahinga nang 1 bwan.. bago pwede mag apply ulit.. so hindi nga naman magdi dire diretso ang employment..

what about consultants.. with yearly contracts.. pano ang treatment dyan? wala pa din regularization? kasi via contract and renewable yearly..

That is a sad reality now that's why companies are opting to go for agencies to avoid benefits and labor problem.

Consultants are not considered an employee unless they are hired full-time. Regularization is not essential in their position. Most of the time, they are retainers or in contracts just like company lawyers/ doctors.

If you analyze it, Company lawyers/doctors and consultants are an example of labor-only contract because they are paid for an outcome or their advice or their visit. But considering their rates, being a freelance or in a law firm is a good option. Why? If a consultant is a freelance and gets 50,000 from company A, 50,000 from company B, and P50,000 from company C he earns P150,000 monthly but if he is full-time consultant at company A and gets only P70,000 + SSS+ philhealth + pag-ibig it's smaller compared to the latter.

That is why even if consultants and company lawyers/doctors are on contract for eternity, they don't complain nor fight to become a regular employee of a certain company.

But if a company calls its rank and file employee as "consultants" that is a different story.

Hello, I need legal advice BIG TIME.

I was working for a company (call center) for more that 1 year and I was not filed as a regular employee. I asked my managers to update my status since it's been a year since the company absorbed me from an agency. Still, their lack of sense of responsibility towards their employees delayed my regularization and hence the reason why I resigned from the company. I've waited for my back pay for almost 2 months and I receive a petty amount of cash from them.

Now I have 3 questions.

1. What bearing do I have when the company failed to provide a copy of my contract the time they absorbed me from the agency. They said that they'll give it to the the next day I signed it. (haha) didn't happened.
2. For 1 year rendering service to them, can I still file a complaint for late regulation though I am not affiliated with the company anymore? That's the main reason I resigned in the first place.
3. Am I entitled for a separation pay or back pay even if I was not considered as a regular employee when I resigned.

mmsolano wrote:Hello, I need legal advice BIG TIME.

I was working for a company (call center) for more that 1 year and I was not filed as a regular employee. I asked my managers to update my status since it's been a year since the company absorbed me from an agency. Still, their lack of sense of responsibility towards their employees delayed my regularization and hence the reason why I resigned from the company. I've waited for my back pay for almost 2 months and I receive a petty amount of cash from them.

Now I have 3 questions.

1. What bearing do I have when the company failed to provide a copy of my contract the time they absorbed me from the agency. They said that they'll give it to the the next day I signed it. (haha) didn't happened.
2. For 1 year rendering service to them, can I still file a complaint for late regulation though I am not affiliated with the company anymore? That's the main reason I resigned in the first place.
3. Am I entitled for a separation pay or back pay even if I was not considered as a regular employee when I resigned.  

1. You may be considered a regular employee.
2. Late regulation? Please clarify.
3. Separation pay = if you were removed involuntarily.
3. Back pay (or back wages) is given as a result of winning a labor case.
3. You may be referring to your final pay or final salary. You are entitled to any amounts you have earned that have not yet been paid to you.

1. None. It is not stipulated in the LC that contracts should be given to employees after they sign.
2. They could simply say you are already a regular since the 6 months probationary period had already lapse. To be a Regular employee need not to have a letter or documentation to become one. if the 6 month had already lapsed, you can be considered as regular employee
3. You can complain but the company is not obliged to pay you separation pay since you are the one who tendered resignation

Greetings!

I have read a few of your responses regarding regularization. According to what is written under article 281 of the Labor Code, what if an individual did not meet or qualify as a regular employee yet have stayed and is still working for their respective companies after 6 months, are they considered "regular" employees yet no regularization papers were signed? Additional inquiry, just to be safe, what if after being employed for 6 months and company removed an employee just a few weeks after 6 months (no papers signed) can an individual file any legal complaint?

Need lng din po ng advice...
Nag start po ako as Material Custodian sa isang hotel sa manila, npromote mo po ako to OIC. Nag serve na po ako ng 5years s company pero hindi p din daw po ako regular. Below minimum wage and walang benefits. Nag demand po ako ng salary increase pero ast February 2015 nagpadala po ng memo yung HRAD, nkalagay na ililipat daw po ako sa isang Cooperative pra mbigyan ng minimum wage, Sbi ko po forced resignation ginagawa nila sakin, may matatangap po ba ako na back pay atleast sa 5 years na service ko. Wala Daw po.. Ano po b ang batas para dito.

Hi po sa inyo maam. May tanong lang po ako regarding for being a employee in a private sector of company.
Tungkol po ito sa pagiging probationary employee ko po sa company. I was hired po in the company on September 16, 2014 and sa pagka hired ko po ay deretso po ako as probationary as stated po in my contract for 6 months. Sabi po nang HR Manager sakin nong na hire nila ako is starting monthly salary ko po ay 12K din after 6 months if i pass the probationary and maging regular employee na ako is magiging 13K na ang monthly salary ko if maging regular employee na ako. Ngayon po ang nangyari is lampas na po ako nang 6 months and din alam ko po na kapag lumampas ka nang 6 months contract sa pagiging probationary is automatic na po ako non na regular employee na. Ngayon po ang company po namin is quarterly po silang my appraisal sa mga empleyado and yong ibang mga employee sa other department may increase salary na. Ang sa akin po is yong sa 6 months contract ko po na as probationary is wala pong naganap na appraisal or evaluation status sa pagiging probationary ko. Para bang nakalimotan po nila ako. Umabot na nag 8 months is nagreklamo po ako sa head ko kasi wala paring evaluation sa akin and ginawan naman agad nang action ini-evaluate agad ako at pasado ako sa evaluation appraisal at kinong-gratulate po ako nang head manager namin na "Congrats and Welcome to the family". Akala ko po may kasunod na formal letter of contract na magsasabing regular Employee na ako at syempre po nag expect din po ako nang salary adjustment ko po as regular... lumampas na naman po nang ilang buwan is wala parin akong contract na pinirmahan as regularization ko. Bali ini-acknowledge po nila ako na regular through verbal lang po at walang signing contract as regular. Ngayon po is 11 months na po ako ngayon sa company at pinaabot ko na sa HR ang concern ko. Ang sabi nila sa akin is nakalimotan na naman daw and akala nila is may contract na akong pinirmahan sa kanila at nang e check nila sa 201 file ko is wala pa pala so sabi nang HR sakin gagawan na daw nila ako kaagad nang contract of apointment as for regularization ko. Kahapon lang po August 17, 2015 is tinawag ako sa isang HR Staff at pinapaperma nya ako sa contract ko for being a Regular Employee effective on March 17, 2015. Nang binasa ko po yong Contract is wala pong nabago. What i mean po is yong contract na pinapapirmahan nila sakin is walang naiba, pareho lang sya sa unang contract ko na pinirmahan nong ini-hired nila ako as PROBATIONARY. Bali ang naiba lang po sa pinapapirmahan nila sakin na contract is yong word po na "Probationary", is pinalitan lang nang word na " REGULAR EMPLOYEE", at yong date stated nila na effective on March 17, 2015 pero yong monthly salary ko po is ganon parin at walang nabago... So, ang ginawa ko po is hindi po ako pomirma kasi walang salary adjustment as for regularization ko.
Ngayon po ang gusto ko pong malaman is tama po ba yong ginawa ko na hindi permahan yong contract ko na pinapapirmahan nila sakin? Ang sabi po nang HR sakin na kapag hindi ko po daw permahan yon is pwede daw nila akong tanggalin sa trabaho anytime kasi wala daw akong contract na pinirmahan at lumampas na daw ako sa 6 months ko.
2.) Gusto ko pong malaman na kapag mula sa pagka probationary at maging regular employee ka is dapat po bang may salary increase ka sa pagiging REGULAR mo na sa company?
3.) Kung may salary increase po tapos 5 months ang lampas mula sa pagiging 6 months probationary is may sasahurin po ba ako don na increase sa 5 months ko na lampas?

Yon lamang po ang mga tanong ko. sana po ay mabigyang linaw po ninyo ako sa aking mga katanungan.