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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In the case of C.P. Reyes Hospital et al., vs. Barbosa, G.R. No. 228357, April 16, 2024, the Supreme Court laid down the exceptions to the general rule that probationary employment may be terminated, among other grounds, when the employee fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of engagement.
GENERAL RULE
As a general rule, if an employer opts to dismiss an employee on the ground of failure to qualify, the law requires that the reasonable standards for qualification must have been communicated to the employee at the time of engagement. This is to apprise them of what they need to accomplish and how they need to perform their job, failing at which, they will not be regularized.
EXCEPTIONS
However, there are exceptions to the rule requiring the communication of reasonable standards to a probationary employee:
First, in occupations that are self-descriptive in nature, such as maids, cooks, drivers, and messengers; and
Second, the Court has ruled that standards of basic knowledge and common sense need not be spelled out to the employee, and the rule on communication should not be used to exculpate employees who act in a manner contrary to either.
In these cases, the Court ruled that there was no need to explicitly communicate the reasonable standards that the employees failed to meet.
Related Articles:
- Types of employment, and how it affects security of tenure
- Knowing the Difference Between Probationary Employment and Project Employment
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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