b)
c)
d)
e)
f)
ISSUES:
(1) W/N Alcaraz was sufficiently informed of the
reasonable standards to qualify her as a regular
employee
(2) W/N Alcaraz was validly terminated
(3) W/N the officers were personally liable
HELD:
(1) YES. Probationary employee like a regular employee
enjoys security of tenure. However, probationary
employee aside from just or authorized causes of
termination, may also be terminated for failure to qualify
as a regular employee in accordance with the
reasonable standards made known by the ER to the EE
at the time of the engagement. Thus, the services of an
RR who has been engaged on probationary basis may
be terminated for any of the ff: (a) just or (b) authorized
cause; (c) when he fails to qualify in accordance with
reasonable standards prescribed by the ER.
If the ER fails to inform the probationary EE of the
reasonable standards upon which the regularization
would be based on at the time of the engagement, then
the said EE shall be deemed a regular EE.
REQTS: 1: communicate regularization standards to the
EE, and 2: comm at the time of the engagement.
ER is deemed to have complied when it has exerted
reasonable efforts to apprise the EE of what he is
expected to do or accomplish during the trial period. (e)
is when the job is self-descriptive in nature (maids,
cooks, drivers or messengers)
Upon examination of the records, Abbott had complied
with the requirements when it clearly conveyed her
duties and responsibilities prior to, during the time of
engagement and during the early stages of her
employment.
1. News ad with JD
2. Offer sheet probationary status
3. Employment contract Probationary for 6mos
4. Upon her acceptance, she was emailed copies of
the org structure and JD
5. She underwent a pre-employment orientation
6. Required to undergo a training program
7. Received copies of Code of Conduct and
Performance Modules which was explained by Misa
8. Moreover, she used to work for a pharma co and
had admitted having extensive training and
background to acquire the necessary skills for the
job.
Given these, Alcaraz was well-aware that her
regularization would depend on her ability and capacity
to fulfill the requirements of her position, and her failure
to do so would be a valid cause to terminate the EMP.
(2) YES. The two-notice rule does not govern the
termination of probationary employees if brought
about by failure to meet the reasonable standards of
the ER. It shall be sufficient that a written notice is
served the EE within a reasonable time from the
effective date of termination.