Concern:

An HR Recruitment Staff from Cebu City was dismissed four days before completing her sixth month in the company. On December 11, 2024, during her performance appraisal, she was rated poorly and was instructed to submit a resignation letter. Three days later, her employment contract was terminated without prior notice. The employee seeks clarification on the legality of this dismissal.

∇ Legal Contemplator

Initial Observations

Let’s start by unpacking the situation into smaller components:

The employee was dismissed before reaching six months of tenure, which is critical because six months is the typical probationary period in Philippine labor law.
The dismissal was allegedly due to poor performance, as evaluated during the performance appraisal on December 11, 2024.
There was no prior notice provided before the termination.
The employee was told to submit a resignation letter during the performance appraisal.

Each of these components raises questions that need to be thoroughly examined. Are there protections for probationary employees against unjust dismissal? Does the timing of the performance appraisal and termination raise legal red flags? Is the demand for a resignation letter valid? Let’s explore these step by step.

Exploring the Probationary Period and Dismissal Standards

Probationary employment in the Philippines is governed by Article 296 of the Labor Code, which states that an employee can be terminated during probation if:

The termination is based on a valid or authorized cause, as defined by the law, or
The employee fails to meet the reasonable standards made known to them at the time of engagement.

This raises several initial questions:

Were performance standards communicated to the employee at the start of her employment?
Was the employee given an opportunity to address or improve upon perceived deficiencies before dismissal?
Does the absence of prior notice violate labor laws even for probationary employees?

The next question relates to whether the appraisal itself was conducted in a fair and transparent manner. Was the timing of the appraisal—mere days before the completion of the probationary period—intended to avoid the employee’s conversion to regular status? This seems worth questioning further.

Considering the Resignation Letter

The request for the employee to submit a resignation letter is particularly troubling. Under Philippine labor laws, resignation must be voluntary. Coercing an employee into resigning undermines their right to due process. If the resignation letter was submitted under duress or as a result of undue pressure, it could be deemed a constructive dismissal.

Constructive dismissal occurs when an employer’s actions are so unreasonable or coercive that the employee is left with no choice but to resign. The legality of this action depends on whether the employee can prove the resignation was forced. The timeline here is critical: the demand for resignation was made during the appraisal, suggesting a clear link between the performance review and the intended outcome of dismissal. This feels like it warrants deeper exploration.

Evaluating Due Process

For both probationary and regular employees, due process must be observed when terminating employment. For probationary employees, this includes:

Notification of Standards: Were performance criteria communicated at the start of employment?
Performance Evaluation: Was the evaluation process objective and fair? Did it allow for rebuttal or clarification from the employee?
Notice of Termination: While prior notice is not strictly required for probationary dismissal, abrupt termination without explanation may still be scrutinized for fairness.

Let’s pause and evaluate the situation again. The employee was dismissed immediately after a poor appraisal. Was this appraisal used as a pretext to terminate her employment and avoid granting her regular status? The timing feels suspicious, but it’s important to acknowledge that probationary dismissal can be lawful if done in good faith and based on valid grounds.

The Role of Documentation

Another critical aspect is documentation. Was there written notice of the performance appraisal results? Was the employee informed of the specific reasons for her termination in writing? Philippine labor law emphasizes that employees must be apprised of the reasons for their dismissal, even during probation.

A Note on Termination Without Notice

For probationary employees, prior notice is not explicitly required if the dismissal is based on failure to meet performance standards. However, this does not exempt employers from the obligation to act in good faith. A sudden termination, particularly one preceded by coercion to resign, raises concerns about potential abuse of the probationary framework.

Doubts and Further Questions

At this point, I’m left questioning:

Intentions: Was the termination planned to prevent the employee from becoming a regular employee? The timing feels calculated.
Fairness of Appraisal: Was the appraisal genuinely reflective of performance, or was it engineered to justify dismissal?
Due Process: Was the employee given a chance to improve, as required by principles of fairness?
Voluntary Resignation: Could the resignation letter be invalid due to coercion?

Backtracking, I realize that even if the employer adhered to procedural requirements for probationary dismissal, coercing a resignation could independently constitute a violation of labor law.

Comparing Legal Precedents

Looking at similar cases, the Philippine Supreme Court has ruled against employers who abuse the probationary period to sidestep obligations to regularize employees. In cases of coerced resignation, courts often side with employees if evidence of undue pressure exists. This suggests that the dismissal could be challenged, depending on the evidence available.

Final Reflection

As I piece together the various aspects, the primary issue seems to revolve around good faith. Even if the dismissal was legally permissible, the coercion to resign and the abrupt timing undermine its legitimacy. The employee appears to have grounds for filing a complaint for illegal dismissal or constructive dismissal, but the strength of the case hinges on documentation and evidence.

Final Answer:

The dismissal appears legally questionable. While probationary employees can be terminated for failing to meet performance standards, the timing of the appraisal and dismissal, combined with the coercion to submit a resignation letter, raises significant red flags. The employee should consider filing a complaint with the Department of Labor and Employment (DOLE) for constructive dismissal. It’s critical to gather all relevant documentation, including the performance appraisal report and any communication about the resignation.