Got terminated during probation period - Can I lodge for illegal dismissal

remington88

remington88

Arresto Menor

Posts : 3
Join date : 15/06/2013

Hello,

I have been terminated 1.5 months into my 6 months probation period due to

1) Failing to foresee / failing to plan ahead for payment of bills
2) Unqualified to fill the role as a Account & Admin position

The company is owned by a foreigner and she has left the country early in the month and she won't be back until 20th. The owner is the signatory of the check.

Can i file any claims?

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

if you wish to contest your termination, the remedy is to file a complaint at nlrc.

remington88

remington88

Arresto Menor

Posts : 3
Join date : 15/06/2013

Thank you attyLLL

I heard from a friend telling me that NLRC will not entertain probationary staff because there is no employee & employer relationship

Is that true?

Patok

Patok

Reclusion Perpetua

Posts : 1490
Join date : 12/09/2012
Location : Makati City

read your probationary contract.. the company has the right to terminate your service for unsatisfactory performance..

remington88

remington88

Arresto Menor

Posts : 3
Join date : 15/06/2013

Yes, they have a clause referring to probationary period.

===
During the probationary period, either party may terminate the employment at any time by
giving one week’s notice or payment in lieu except in cases of serious or wilful misconduct
where an employee may be summarily dismissed without notice or payment in lieu of notice.
===

Does it mean that they can terminate immediately and by giving me 1 week payment in lieu and i can do nothing about it?

Patok

Patok

Reclusion Perpetua

Posts : 1490
Join date : 12/09/2012
Location : Makati City

kaya nga probationary.. kasi tinitingnan kung fit ka don sa job.. pag ni terminate ka.. that means hindi ka fit don sa trabaho or hindi mo sila na satisfy.. just find another job and move on..

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Got terminated during probation period - Can I lodge for illegal dismissal

1 Got terminated during probation period - Can I lodge for illegal dismissal Sat Jun 15, 2013 2:54 pm

remington88

2 Re: Got terminated during probation period - Can I lodge for illegal dismissal Sat Jun 15, 2013 10:35 pm

attyLLL

3 Re: Got terminated during probation period - Can I lodge for illegal dismissal Sun Jun 16, 2013 1:46 am

remington88

4 Re: Got terminated during probation period - Can I lodge for illegal dismissal Mon Jun 17, 2013 10:13 am

Patok

5 Re: Got terminated during probation period - Can I lodge for illegal dismissal Mon Jun 17, 2013 11:52 am

remington88

6 Re: Got terminated during probation period - Can I lodge for illegal dismissal Mon Jun 17, 2013 11:56 am

Patok

7 Re: Got terminated during probation period - Can I lodge for illegal dismissal

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