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Probationary period

Probationary period
"A business process outsourcing (BPO) company hired me as a customer service representative. After six months, I was informed by our team manager that I did not meet the qualifications for regularization. However, our team manager offered to extend my probationary status to two months and gave me a list of areas for improvement, to which I agreed. Can I be considered a regular employee since I already finished my six month-probationary period?MayDear May,A probationary employment allows the employer to evaluate whether an employee is suited for employment in the business. As a general rule, probationary employment shall not exceed six months from the date the employee started working. However, the Supreme Court recognized certain exceptions to the general rule.In the case of Mariwasa Manufacturing Inc. vs. Leogardo (G.R. No. 74246, Jan. 26, 1989, Ponente: Honorable former Chief Justice Andres Narvasa), the Supreme Court explained: ""For aught that appears in the record, the extension of Dequila's probation was ex gratia, an act of liberality on the part of his employer affording him a second chance to make good after having initially failed to prove his worth as an employee. Such an act cannot now unjustly be turned against said employer's account to compel it to keep on its payroll one who could not perform according to its work standards. The law, surely, was never meant to produce such an inequitable result.""In your case, you are not yet considered a regular employee despite the fact that you already completed your six months probationary period. You were only given an extension to prove that you can perform within the standards of your company. As stated in the above-mentioned case, this was only an act of liberality on the part of your employer. Nonetheless, it is imperative upon your employer to prove that the extension of your probationary period falls within the exception. We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated." - https://www.affordablecebu.com/
 

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"Probationary period" was written by Mary under the Legal Advice category. It has been read 537 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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