The law on probationary employment

Dear PAO,

I am working as a computer analyst in one of the business process outsourcing (BPO) companies in Quezon City. The contract that I signed states that I am a probationary employee and that it is valid for six months only. I have been working now for seven months and four days. What is my status of employment now? I’m afraid that one day they’ll just terminate my employment because six months have already passed.
Miguel

Dear Miguel,
A probationary employee is one who is on tentative employment during which the employer determines whether he is qualified for permanent employment (Azucena, Everyone’s Labor Code, 4th Edition, page 331). Probationary employment shall not exceed six months from the date the employee started working, unless it is covered by an agreement stipulating a longer period (Article 281, Labor Code of the Philippines).

During the period of your probationary employment, your employer is assessing your qualifications, fitness and your efficiency as an employee. It may be measured in terms of your productivity in the office, your attendance, and the relationship you have established with your superiors, co-employees and the clients of your company. Your employer will determine during this period if you have passed the reasonable standards that they have set for you to qualify for regular employment in their company.

These standards shall be made known to you by the employer at the time of your engagement in your job. Your failure to pass these standards may be a reason for your termination as a probationary employee. On the other hand, if you successfully passed the standards that they have set for you, you may qualify for regular employment in your company.

A probationary employee may also be considered as a regular employee if he is allowed to work after the probationary period of his employment (Article 281, Labor Code of the Philippines). You are now considered a regular employee of your company because you are permitted to work after the expiration of your probationary employment. As such, your employer cannot terminate you because of the expiration of your six-month probationary employment.

An employee may be terminated from work due to just and authorized causes. Just causes relate to acts done by the employee. These are enumerated in Article 282 of the Labor Code of the Philippines, to wit:

a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

b. Gross and habitual neglect by the employee of his duties;

c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

d. Commission of a crime or offense by the employer against the person of his employer or any immediate member of his family, and

e. Other causes analogous to the foregoing.

Authorized causes (except disease) involve measures taken by the employer because of exigencies. These are installation of labor saving devices, redundancy, retrenchment, closure of business as a result of grave financial losses (Article 283, Labor Code of the Philippines) and disease (Article 284, ibid.).

Finally, we wish to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added 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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it or via text message (key in: Times dearpao and send to 2299). –PERSIDA ACOSTA, Manila Times