GR NO. 72222
72222
FACTS:
- ICMC is a non profit organization
dedicated to refugee service at the Phils
refugee processing center in bataan
- Galang was hired as probationary cultural
orientation teacher on Jan 24, 1983 with
a monthly salary of PHP 2,000.00
- 3 months after or on April 22, 1983,
galang was informed orally and in
writing that her services were terminated
for her failure to meet the prescribed
standards of ICMC as reflected in the
performance evaluation of her
supervisors during the teacher evaluation
program she underwent along with other
newly-hired personnel
- Hence, this complaint
COMPLAINT FOR: illegal dismissal, unfair
labor practice and unpaid wages
ISSUE: 1.) WON an employee who was
terminated during the probationary period of her
employment is entitled to her salary for the
unexpired portion of her six month probationary
employment.
LABOR ARTIBER:
- Dismissed the complaint for illegal
dismissal, moral and exemplary damages
- Ordered to pay Galang 6,000 for the last
3 months of the agreed employment
(unexpired)
NLRC : Affirm LA’s decision
SC DECISION:
- No illegal dismissal
- Complainant is not entitled to 6,000
GR NO.
- ICMC maintains that private respondent is
not entitled to the award of salary for the unexpired
three-month portion of the probationary period
since her services were terminated during such
period when she failed to qualify as a regular
employee in accordance with the reasonable
standards prescribed by petitioner; that having been
terminated on valid grounds during her
probationary period, or specifically on April 24,
1983, petitioner is not liable to private respondent
for services not rendered during the unexpired
three-month period, otherwise, unjust enrichment
of her part would result; that under Article 282
(now Article 281) of the Labor Code, if the
employer finds that the probationary employees
does not meet the standards of employment set for
the position, the probationary employee may be
terminated at any time within the six-month period,
without need of exhausting raid entire six-month
term.
- A probationary employee, as understood
under Article 282 (now Article 281) of the Labor
Code, is one who is on trial by an employer during
which the employer determines whether or not he
is qualified for permanent employment. A
probationary appointment is made to afford the
employer an opportunity to observe the fitness of a
probationer while at work, and to ascertain whether
he will become a proper and efficient
employee. 9 The word "probationary", as used to
describe the period of employment, implies the
purpose of the term or period, but not its length.
- As the law now stands, Article 281 of the
Labor Code gives ample authority to the employer
to terminate a probationary employee for a just
cause or when he fails to qualify as a regular
employee in accordance with reasonable
standards made known by the employer to the
employee at the time of his engagement. There is
nothing under Article 281 of the Labor Code that
would preclude the employer from extending a
regular or a permanent appointment to an
employee once the employer finds that the
employee is qualified for regular employment
even before the expiration of the probationary
period. Conversely, if the purpose sought by the
employer is neither attained nor attainable within
the said period, Article 281 of the Labor Code
does not likewise preclude the employer from
terminating the probationary employment on
justifiable causes as in the instant case.