Probation status

Dear Atty. Angela,

I am a probationary employee for a multinational company for five months now. Just a few weeks ago, our supervisor conducted evaluation on all of us on probation but it was only now that our HR manager informed me that I will not be regularized. He said I failed to meet the standards for regularization. Shouldn’t the management at least give me a notice to explain and a chance to hear my side before terminating my service? Is it legal for them to just tell me that I am not being regularized?

Joanna

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Dear Joanna,

A probationary employee can be terminated if he/she fails to meet the standards for regularization, or for a just cause such as serious misconduct or gross negligence. When the basis for non-regularization is the failure to qualify, notice and hearing are not required, but the employee must be informed of the standards for regularization at the time of their engagement. The requirement of notice and hearing is observed when the termination is on the basis of just cause.

As for performance expectations, it is a crucial legal requirement that the employer communicates to the probationary employee the reasonable standards or criteria for regularization at the time of engagement. These standards include (1) Key performance indicators; (2) Work standards; (3) Behavioral or conduct expectations; and (4) Attendance requirements.

In the case of Garangan v. Specified Contractors and Development Inc., G.R. No. 231110, (2018), the Supreme Court clarified that on the matter of procedural due process, it is well-settled that the usual two-notice rule does not govern when termination is brought about by the failure of an employee to meet the standards of the employer in case of probationary employment. It is sufficient that a written notice is served to the employee, within a reasonable time from effective date of termination.

In your case, as your non-regularization is on the basis of failure to meet performance standards, so long as you were informed of the criteria and standards for regularization at the time of engagement, notice and hearing requirement are not required, and your non-regularization is deemed legal.

Atty. Angela Antonio