TERMINATION OF PROBATIONARY EMPLOYMENT

Hi,
In dire need of ur advise. My sister was hired on May 13 and the contract stipulates that upon satisfactory performance she will be regularized this Nov. 13. She was given an above average evaluation during her 1st quarter but to date has not heard yet of her 2nd evaluation. Her previous manager has just resigned and she is now reporting to a newly hired manager. She is now concerned as she has heard that the higher management wants to terminate her and that it is now being proven as the new manager wants her to sign a memo stating that she is being placed in a Performance Improvement Plan with unclear basis. My sister admits that she has had touble finishing reports that was not originally assigned to her after the management fired people last month. It also includes a new target that she should meet on or before Nov. 13 (her 6th mo) My question is, will she be able to question this in NLRC granted that she will be terminated? Her contract does not stipulate a detailed basis for her regularization and her targets does not include the added tasks that were recently assigned to her (which was previously done by 2 employees). Also, granted that her 2nd quarter evaluation is not at par, isn't it supposed to be averaged with the previous quarter?Will she have a chance to fight?
Thank you in advance to ur reply.

God Bless

i suggest you wait for Nov. 13, kung ma regular o hindi, it's the company's discretion.. i dont think you can question that sa NLRC.

she has the right to question it at the nlrc if it can be shown that the PIP is too harsh making it impossible for her to comply.

i recommend she does her best to prove to them that she is worthy of regularization

Talking about PIP , this is a tactic that most employers are using to eliminate employees legally step by step.

But this tactic only works for weak employees. What the employee need to do if they are on similar situation are a follows:
1. Have a 1x1 discussion with immediate superior , discuss to you new supervisor what are your current work load and review if you can still accommodate the new task that will be assigned to you.
2. Let say you schedule can still accommodate the new/additional tast that will be given to you , the next question is do you possess the correct Knowledge, Skills and Abilities (KSA) to perform the new task.
3. Let say you have the KSA , you need to set expectations with your supervisor , be reminded that on every new role there is an accetable learning curve.
4. Set also an agreement with your supervisor what are the priorities of the many responsibilities that you have .
5. You have to make sure that you made known to your supervisor what the additional resources that you require for the additional responsilibilities , you can also negotiate for additional pay in case this is not covered with your employment contract.
6. Incase item 3 is a problem , you have to be very vocal that let your supervisor you dont possess the correct KSA , and you require additional training/coaching/,mentoring in order to fullfill the additional task.

Most of the time , the problem here is the attitude of most PINOY to say "YES SIR, YES MAM" even without really assessing if it is doable. Later this leads to labor issues etc.

Now with the case of your sister , i suggest while waiting for her employer action and also for your preparation in case the decision turns out to be not so encouraging.

Have your sister summarize what are her previous task list and the new tasklist she have been doing, identify whether it is daily , weekly , monthly and also the time to take to finished the task , identify also if there are dependencies beyond her control for every task, review also if she has the resources to do the tasks.

I suggest , Wag nyo intayin na materminate for unjust reason, mahirap ang may labor case , beleive me masakit sa ulo saka nakakawala ng self confidence.

Soldeseyre wrote:Hi,
In dire need of ur advise. My sister was hired on May 13 and the contract stipulates that upon satisfactory performance she will be regularized this Nov. 13.

She should have been regularized (by default) on November 9 - the 180th day of employment.