Resignation of Probationary Employee Philippines

Question: In the context of Philippine employment law, can Article 281 of the Labor Code be used against an employee? Can an individual be classified as a regular employee against their will, even if they tendered their resignation days before their probationary period ends?

Answer:

Article 281 of the Labor Code of the Philippines pertains to probationary employment. Here's how it relates to your query:

1. Article 281 - Probationary Employment:

   • According to Article 281, a probationary employee is one who is on trial by an employer during which the employer determines whether or not said employee is qualified for permanent employment. The maximum duration for probationary employment is six (6) months, unless it is covered by an apprenticeship agreement stipulating a longer period.

2. Becoming a Regular Employee:

   • At the end of the probationary period, if the employee is allowed to work after the probationary period, they are deemed to be a regular employee. However, if the employee voluntarily resigns before the end of the probationary period, the employer is under no obligation to consider them as a regular employee.

3. Employee's Resignation Before Probation Ends:

   • If an employee tendered their resignation days before the probationary period concludes, they have effectively communicated their intention not to continue with the employment. In such a situation, the employee will not be considered a regular employee against their will.

4. Use of Article 281 Against an Employee:

   • Article 281 is a provision meant to define and provide guidelines on probationary employment. It isn't necessarily "used against" an employee but serves as a reference point for both employers and employees regarding the terms and conditions of probationary employment.

5. Rights of Probationary Employees:

   • It's essential to understand that probationary employees enjoy the same rights as regular employees, except for security of tenure. However, they are entitled to due process, and their services can only be terminated for just cause or when they fail to qualify as a regular employee based on reasonable standards set by the employer.

Conclusion:

An employee's status, whether probationary or regular, is governed by clear provisions in the Labor Code of the Philippines. An individual cannot be classified as a regular employee against their expressed intent, especially if they've already resigned before the end of their probationary period. Both employers and employees should be aware of their rights and obligations under the law to ensure a harmonious working relationship. If in doubt, seeking legal counsel can provide clarity on such employment issues.