Setting standards for regular employees

Setting standards for regular employees "After six months of being a probationary employee, my employer offered me a contract for a regular employee. I was, however, informed that I could be dismissed if I would fail to pass the standards set by the company. I believe that the standards set by my employer should only apply to probationary employee and not to a regular employee like me. Am I correct?Trent Dear Trent,The employer clearly has the right to set the standards to be observed not only by a probationary employee, but also by a regular employee. This is called management prerogative. The Supreme Court, in the case of Saint Lukes Medical Center Inc. vs Sanchez (GR 212054, March 11, 2015, Ponente: Associate Justice Estela Perlas-Bernabe), gave the following explanation on management prerogative:“The right of an employer to regulate all aspects of employment, aptly called “management prerogative,” gives employers the freedom to regulate, according to their discretion and best judgment, all aspects of employment, including work assignment, working methods, processes to be followed, working regulations, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of workers. x x x” Thus, your employer may regulate or set the standards for a regular employee according to his discretion and best judgment. This finds support also in the case of Sameer Overseas Placement Agency vs Cabiles (GR 170139, Aug. 5, 2014), where the Supreme Court, speaking through Associate Justice Marvic Mario Victor Leonen, stated that:“Assessing an employee’s work performance does not stop after regularization. The employer, on a regular basis, determines if an employee is still qualified and efficient, based on work standards. Based on that determination, and after complying with the due process requirements of notice and hearing, the employer may exercise its management prerogative of terminating the employee found unqualified. ”The regular employee must constantly attempt to prove to his or her employer that he or she meets all the standards for employment. This time, however, the standards to be met are set for the purpose of retaining employment or promotion. The employee cannot be expected to meet any standard of character or workmanship if such standards were not communicated to him or her. Courts should remain vigilant on allegations of the employer’s failure to communicate work standards that would govern one’s employment “if [these are] to discharge in good faith [their] duty to adjudicate.”Applying the above-quoted decision in your situation, your employer is just exercising his management prerogative with respect to the setting of standards for regular employees.Your statement that standards are set for probationary employees only has no legal basis.Since you are now a regular employee, you have to prove to your employer that you meet all the standards for the purpose of retaining your employment or promotion, but not for the purpose of regularization since you have already passed that stage. It is a requirement, though, that the standards set by the employer must be communicated to the regular employee. We hope that we were able to answer your queries. 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.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/