Dear Attorney,
I am currently undergoing probationary employment but have not been given a written employment contract. My employer recently informed me that my probation will end soon. I am worried about what this means for my employment status and my rights moving forward. Can you clarify the legal implications of this situation?
Sincerely,
A Concerned Employee
Insights
In the Philippines, probationary employment is governed by Article 296 of the Labor Code. Probationary employees are generally hired for a period of six months to allow the employer to assess their fitness for regular employment.
Rights of Probationary Employees
Even without a written employment contract, a probationary employee still has rights under the law. The absence of a written contract does not nullify the employer's obligation to comply with labor standards or to evaluate the employee based on reasonable standards for the job.
Evaluation During Probation
One crucial aspect of probationary employment is that the employer must inform the employee of the standards upon which their performance will be evaluated. If these standards are not communicated, or if the evaluation is unfair, the probationary employee may have grounds to contest an adverse decision.
Termination During or After Probation
If an employer decides to terminate a probationary employee, it must be for a just or authorized cause. The reason must be clearly explained to the employee. If an employee passes the probationary period without being terminated, they automatically become a regular employee with the corresponding rights and benefits.
In cases where there is no written employment contract, employers cannot arbitrarily end the probationary period without just cause. The lack of a formal contract may complicate disputes but does not strip away the employee’s legal protections.
Conclusion
In the absence of a written contract, it is essential to focus on the standards communicated to you during your probation and the reasons given for any potential termination. If these seem unjust or unclear, it may be necessary to seek legal advice to ensure your rights are protected.