Als2014blaborii the normal consequences of a finding

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Unformatted text preview: imitations
to
termination
of
probation;
regular
status
after
probationary
 period
 • It
 must
 be
 exercised
 in
 accordance
 with
 the
 specific
 requirements
 of
 the
contract
 • If
a
particular
time
is
prescribed,
the
termination
must
be
within
such
 time
and
if
formal
notice
is
required,
then
that
form
must
be
used
 • Employer’s
dissatisfaction
must
be
real
and
in
good
faith,
not
feigned
 so
as
to
circumvent
the
contract
or
the
law
 • There
must
be
no
unlawful
discrimination
in
the
dismissal
 No
successive
probations
 • Successive
 hiring’s
 and
 firings
 is
 a
 ploy
 to
 avoid
 the
 obligations
 imposed
 by
 law
 on
 employers
 for
 the
 protection
 and
 benefit
 of
 probationary
employees
 • Probation
in
sister
company
 o The
 Court
 cannot
 sanction
 the
 practice
 of
 some
 companies
 which,
 shortly
 after
 a
 worker
 has
 become
 a
 regular
 employee,
 effects
 the
 transfer
 of
 the
 same
 employee
 to
 another
 entity whose
 owners
 are
 the
 same,
 or
 identical,
 in
 order
 to
 deprive
 subject
 employee
 of
 the
 benefits
 and
 protection
he
is
entitled
to
under
the
law
 o There
 is
 no
 basis
 for
 subjecting
 an
 employee
 to
 a
 new
 probationary
 or
 temporary
 employment
 where
 he
 had
 already
 become
 a
 regular
 employee
 when
 absorbed
 by
 a
 sister
company
 Period
of
probation
not
necessarily
six
months
 • 6‐month
probation
is
a
general
rule.
Probation
longer
than
6
months
 can
be
justified.
 • Buiser,
et
al
v.
Leogardo
 o The
 exception
 to
 the
 general
 rule
 is
 when
 the
 parties
 to
 an
 employment
 contract
 may
 agree
 otherwise,
 such
 as
 when
 the
 same
 is
 established
 by
 company
 policy
 or
 when
 the
 same
 is
 required
 by
 the
 nature
 of
 work
 to
 be
 performed
 by
 the
 employee.
 There
 is
 recognition
 of
 the
 exercise
 of
 managerial
 prerogative
 in
 requiring
 a
 longer
 period
 of
 probationary
 employment.

 o In
 this
 case,
 it
 is
 shown
 that
 the
 company
 needs
 at
 least
 18
 months
 to
 determine
 the
 character
 and
 selling
 of
 the
 Lalay
Abala.
ALS2014B.
Labor
II.
 7. 8. 9. petitioners
 as
 sales
 reps.
 
 (business
 of
 selling
 yellow
 pages.
 Publication
 of
 solicited
 ads
 are
 made
 only
 a
 year
 after
 the
 sale
has
been
made)
 Extension
of
probation
 • Mariwasa
Manufacturing
v.
Leogardo
 o Dequila
was
hi...
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This document was uploaded on 03/11/2014.

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