Everything A New Employee Should Know About Probation and Labor Law
Since some people are starting new jobs, we compiled a short guide on labor law concepts every new employee should know.
1. Probation does not mean you can be fired at any time
Remember even probationary employees enjoy security of tenure and are protected by the Labor Code. The only difference with regular employees is that you can be fired for not meeting the standards set for regularization.
What is VERY important to remember is that the standards for regularization should have been made known to you BEFORE you started your job. So study your job description very well.
If the employer never made the standards clear to you or only made them known later on, you cannot be fired for failing to meet the standards. You are then considered a regular employee. If they remove you still, the employer may be guilty of illegal dismissal and a complaint can be filed before DOLE.
It should be noted that also that your probationary period, as a general rule, cannot extend past 6 months. If you work more than 6 months, you are automatically considered a regular employee.
2. Know your leave benefits
It is important to remember that there is no Philippine law requiring your employer to provide vacation and sick leave. You are only entitled to 5 days Service Incentive Leave (SIL) unless you qualify for special circumstances such as being an expectant mother or solo parent. So it is important before you sign any job offer, that you know exactly the leave policy that you will be enjoying.
3. You should ensure you are receiving government benefits
Your employer is required by law to withhold SSS, Phil-health, and Pag-ibig contributions. However, some employers have the habit of withholding from your salary but not remitting the contributions to the government.
That means you are losing pay without getting any benefit. Please check at the SSS, Phil-health, and Pag-ibig to make sure your account is being contributed to. In our experience, SSS sends a text message to your mobile number whenever your contribution has been posted.
4. No one can reduce your pay or benefits without your consent
You cannot be forced to take a pay cut if you do not agree to it. Other benefits given to your contract likewise cannot be removed. This legal principle is called non-diminution of benefits.
5. You have to be compensated for overtime
If you do overtime work (past the 8 regular hours), you should be financially compensated accordingly. The employer cannot say you should just work less hours the next day in order to make up for it. However, if you are a managerial employee, you are not required to be paid for overtime.
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