Regularization and Termination of Employment
Do you know that every step of your career journey is backed up by rules and regulations mandated by the government, particularly the Department of Labor and Employment? If you are not 100% sure of what the implications a certain action you are to make in relation to your job, it is best to consult the Labor Code of the Philippines, as this should also be your employer's top reference when it comes to anything about their employee's welfare and movement. We've condensed the most important points relating to regularization and termination below:
How long should probationary employment be?
Probationary period should not exceed six (6) months from the date the employee started working. One becomes a regular employee upon completion of his six-month period of probationary.
The exceptions to the imposition of a six (6) month of probationary period of employment include the following:
- When the employer and the employee mutually agree on a shorter or longer period
- When the nature of work to be performed by the employee requires a longer period
- When a longer period is required and established by company policy.
When is an employee considered a regular employee?
An employment is deemed regular when an employee:
- Has been engaged to perform activities, which are usually necessary or desirable in the usual business or trade of the employer.
- Has rendered at least one (1) year of service, whether such service is continuous or broken, with respect to the activity in which he is employed.
How can an employee terminate his employment?
An employee may file his voluntary resignation by serving a written notice to the employer at least one (1) month prior to the intended date of resignation.
What are the requisites for termination of employment by an employee without just cause?
In case of termination without just cause, the employee must comply with the following requisites:
- Written notice of the termination (resignation letter)
- Service of such notice to the employer at least one (1) month in advance.
[Source: www.dole.gov.ph ]
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