Can a probationary employee be terminated immediately?
Hence, during the probationary employment, they cannot be dismissed except for just or authorized cause or when he fails to qualify as a regular employee in accordance with the reasonable standards made known by the employer to the employee at the start of the employment.
How do I terminate a probationary employee?
Probationary period dismissal procedure:
- Write to the employee to invite them to a probationary review meeting and tell them that you are considering terminating their contract due to issues with their performance.
- Mention the employee’s right to bring a colleague or trade union representative to the meeting.
What are the rights of a probationary employee?
The Supreme Court has elaborated on what it means to be a probationary employee: In that sense, it is within the exercise of the right to select his employees that the employer may set or fix a probationary period within which the latter may test and observe the conduct of the former before hiring him permanently.
Can you be terminated on probation?
Termination During Probation Period As mentioned above, a probationer has no lien on the job, his/her service can be terminated at the discretion of the employer. It is advisable that while terminating the services of a probationer, the language should be simple, unambiguous and non-stigmatic.
Can you terminate probation early Philippines?
You can dismiss a probationary employee without notice or hearing because this is just a trial period. Just make sure that you have enough documentation to back up the decision on why he failed the standards for regularization.
Is termination legal in Philippines?
There are two types of employment termination in the Philippines: termination by employer and voluntary resignation or termination by employee. Forced or coerced resignation is illegal and considered “constructive” dismissal – a dismissal in disguise.
Is the termination probationary employee entitled to back pay?
Even if the probationary employee has only done two weeks of work, if they are retrenched or redundant, they are ENTITLED TO ONE MONTH SEPARATION PAY. The tenure of the employee is irrelevant, until such time as they have already served two full years with the company, if it is for retrenchment.
What are reasons for termination?
Acceptable Reasons for Termination
- Incompetence, including lack of productivity or poor quality of work.
- Insubordination and related issues such as dishonesty or breaking company rules.
- Attendance issues, such as frequent absences or chronic tardiness.
- Theft or other criminal behavior including revealing trade secrets.