ILLEGAL TERMINATION

I hope you can help me. Im not really familiar with labor laws and I'm not so sure if this is really a case of illegal termination. I was hired April 10, 2017 as a trainer and then I received a written notice of termination (october 7, 2017) for the probationary period and take note twas on the same day that I was given the very first evaluation/performance appraisal. I felt like they really violated my constitutional rights and did not follow due process. I do understand that i may not have the security of tenure since it's just a probationary period but I didnt violate any policies or guidelines for them to do such an extreme option. I have an excellent evaluation from my students but my direct manager didnt take that into consideration. She gave me an evaluation form and asked me to rate myself... 10% for my self-assessment and 90%  is her decision.The reason is very questionable and i strongly believe it's not sufficient to justify my dismissal. My line manager said i didnt meet the standards (remarks provided on my evaluation are general descriptions in which cannot be considered as a just cause). the other thing is why are they offering me a part time job after my termination date? I firmly believe they just dont want me to acquire the regular position even if i have a good feedback from my other colleagues and students. I talked to the country manager and he gave me a different reason and it's about redundancy(iknow for a fact that this is an authorized cause) but it can be questioned because they're now hiring the same position with the same job description. Why am i being singled-out? There should be a due selection process if that's the case. We're only 3 trainers in the org including the line manager. I think they had an improper motive and she intended to gave me the lowest scores to fast track my termination because they already negotiated with someone for my replacement and perhaps the job posting online is for the sake of formality, therefore the "redundancy" is not a genuine reason as well. I also have a witness who can attest that the country manager later on admitted that what they did to me is wrong. On October 10, 2017, the line manager asked me to submit a resignation letter. I feel that it is a forced resignation to cover up the wrongful dismissal because the students are demanding for the real reason why she terminated me. On the other hand, I also discovered that the foreign country manager doesn't have any working visa and he's been here since last year. Can I also question the legality of the termination paper served and signed by someone who's illegally working here in the Philippines? Lastly, they didn't even follow the stated amount for my monthly allowance which was written in my contract. I've been questioning that also. I think the line manager is taking things personally and i see the termination as a form of retaliation and discrimination for not following due process. I'd appreciate any response. This is very depressing for me. I hope you can enlighten me and what should i do. thank you.

Here are my thoughts:

-Probationary employee doesn't have the luxury of having security of Tenure. As long as there is a performance appraisal stating that you did not pass your probationary period before it ends, they can terminate your probationary contract.

BTW, are you a teacher? because you keep stating "your students". In my experience, probationary period of teachers are from 1 to 2 years, and not 6 months.

-The 10%-90% appraisal is not questionable, it is a standard practice in other industries to take into account the probationary employees rating for himself.

-Regarding your country manager not legally allowed to work in the Philippine and still appraise you - you cannot use that as a basis for being illegaly terminated due to not passing your probationary appraisal.


In the end, I would say that the only violation they did was not informing you 30 days before the end of your probationary contract, but it won't save you or won't retain you in the company. All they will get is a slap on the wrist and told to pay your final pay asap and give you a certificate of employment