Beruflich Dokumente
Kultur Dokumente
77 /
Groups of Employees - Probationary Employees 282 / Fernando, J
p:
F: Ps assails the decision of Jacobe (OP Presl EA), declaring that as
Probationary Employees, they are not covered by the mantle of labor
protection as guaranteed by the Constitution. Ps are teachers in PRs
school, who serves in a Year-to-Year basis, signing new contracts each
year, stipulated as temporary as and when required until making Ps as
probationary employees. Ps argues that they were subjected by PR to
unfair labor practice. PR on the other hand argues otherwise. NLRC
favoured Ps, OP PRs, hence this.
The Labor Code does not set the maximum probationary period at
six months. Under the Labor Code, the probationary period is the
period required to learn a skill, trade, occupation or profession.
In other words, the Labor Code recognizes the policy of the
Bureau of Private Schools settling the maximum probationary
period for teachers at three years.'
I: WON the OP was correct.
R: The petition, as noted at the outset, cannot prosper. What is decisive
is that petitioners were well aware all the time that their tenure
was for a limited duration. Upon its termination, both parties to the
employment relationship were free to renew it or to let it lapse. It was the
decision of private respondent that it should cease.
There is no question here, as noted in the assailed order of Presidential
Executive Assistant Clave, that petitioners did not enjoy a permanent
status. During such period they could remain in their positions
and any circumvention of their rights, in accordance with the
statutory scheme, subject to inquiry and thereafter correction by
the Department of Labor. Thus there was the safeguard as to the
duration of their employment being respected. To that extent,
their tenure was secure. The moment, however, the period
expired in accordance with contracts freely entered into, they
could no longer invoke the constitutional protection.
It is difficult to believe the submission of individual petitioners that they
were terminated from employment because they joined petitioner union
VICSEA. This is indicated by the fact that petitioners became members of
petitioner union VICSEA only in January, 1973, while being observed and
monitored by PR. That the purpose of individual petitioners in joining the
union is to avert their forthcoming removal from the faculty roster was
impliedly admitted by one of the individual petitioners in her testimony:
'Q - But according to you, precisely, the reason why you joined the union
was because it would be very hard for the school to terminate you if you
are already a member of the union, did you not say that? A I said it!"
Int. Catholic Migration Commission (ICMC) v. NLRC & Galang / GR
No. 72222 / 1.30.89 / Groups of Employees - Probationary
Employees 282 / Fernan, J p:
F: ICMC, non-profit refugee org, hired PR as a Probationary cultural
orientation teacher. 3 months in the ProB, he was advised orally and in
writing that she failed here evaluation, therefore she is being terminated,
thereafter she acted strangely to the point that she was hospitalized P
took care of her and was given her benefits. On 8.22.83 she sued P for
illegal dismissal, unfair labor practice, unpaid wages and reinstatement. P
Countered, that she couldnt claim such because she was terminated for
failure to qualify as a regular employee as prescribed by her employer. LA
dismissed the complaint but ordered payment of her wages for the
unconsumed 3 months, NLRC affirmed on majority decision.
I: WON PR is entitled to her salary for the unexpired portion of
her six month.
R: Not entitled. We find unmeritorious, therefore, public respondent's
argument that the security of tenure of probationary employees within
the period of their probation, as in the case of herein private respondent,
justified the award of salary for the unexpired portion of her probationary
employment. The termination of private respondent predicated on a just
cause negates the application in this case of the pronouncement in the
case of Biboso v. Victorias Milling Co., Inc., 12 on the right of security of
tenure of probationary employees.
Records show that private respondent was found by petitioner to be
deficient in classroom management, teacher-student relationship and
teaching techniques. Failure to qualify as a regular employee in
accordance with the reasonable standards of the employer is a
just cause for terminating a probationary employee specifically
recognized under Article 282 (now Article 281) of the Labor Code
The legal basis of public respondent is erroneous. 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