TERMINATED DUE TO PREGNANCY

Hello po. My cousin works in a Japanese Restaurant. And got terminated after her shift yesterday. There was no contract signed but there is a rules and regulation paper that they signed before. Part of the rules and regulations are the explanation of the salary and basis of regularization. As per the paper they signed, training is 7 days. Probationary is one month but can be earlier or later depends on perfomance. And if they give them the 300/day rate it means they are a regular employee already. There were no rules about being terminated when pregnant. But when we talked to the owner, she said she is not a regular employee and she is terminated due to her pregnancy. May laban po ba kami? They  dont get a minimum wage. Di po sila naghuhulog sa sss, philhealth at pag ibig. Wala din holiday pay. Please we need advice. By the way, my cousin works there for 3 months.

You can sue the employer for illegal dismissal. Even as probationary employees, one's employment cannot be terminated except for just and authorized causes. An additional ground for termination of employment is also allowed for probationary employees - that is her employment can be terminated if she failed to meet the standards of employment set forth at the time of hiring (rules and regulations of the company).

So even without any written job contract she can still sue the employer? Can we also add the complain about the underpayment of wage and non payment of the mandatory benefits?

yes you can. you just have to prove that you are an employee. do you have payslips etc?

Hello. She doest have a payslip. They will release a payslip if my cousin sign a waiver that she agreed with the reason of termination.