No Extension of Probationary Employment
Is it okay to extend probationary employment even if there is a limit under the Labor Code? Let’s discuss.
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Employers
“Employer” – includes any person acting in the interest of an employer, directly or indirectly. 1. Concept “Employer” – includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer. (Article 219[e], Ibid.)…
Managerial Employees
1. Summary ▪ Managerial employees have various definitions under the Labor Code. 2. Concept Managerial employees have various definitions under the Labor Code. The term varies depending on the Book or Title where managerial employees are being discussed or covered by certain provisions as will be discussed herein. a. Labor Code – Book Three, Title…
Pre-Employment Requirements
1. Concept Pre-employment requirements – refer to those a prospective employer requires from a job applicant prior to being hired or engaged to work. 2. Pre-employment requirements Labor law does not prescribe any specific pre-employment requirements that employers should ask from job applicants. Thus, employers may exercise their management prerogative in choosing which to require…
Persons in the Personal Service of Another
1. Concept Persons in the personal service of another – refers to individuals who regularly provide service to individuals or a family, without being a kasambahay or a domestic worker, and not necessarily relating to domestic work. They may include personal/family drivers (Atienza v. Saluta, G.R. No. 233413, June 17, 2019, Per Reyes, Jr., J.),…
Radiobroadcaster challenges quitclaim after receiving payment
The employee was a radio broadcaster and production manager hired by the employer, a radio broadcasting company, for its radio station. Years later, the employer implemented a reformatting and restructuring of the programming of the radio station. This resulted in separating the employee and his co-workers via retirement. The employee signed a quitclaim in exchange…
Probationary Employment Contract
Summary ⦁ A probationary employment contract is an employment arrangement between an employer and a probationary employee wherein the latter will be required to undergo a probationary period to determine their fitness to qualify for regular employment. ⦁ The probationary employment should not exceed 180 calendar days. ⦁ The standards or criteria for regular employment…
