Phil.

Federation of Credit Cooperatives Inc vs NLRC (1998)

Facts:
- Victoria Abril was employed by PFCCI in different capacities from 1982 to 1988, when she
went on leave until she gave birth. When she went back in 1989, after 8 months,
another employee had been permanently appointed to her former
p o s i t i o n o f o f f i c e secretary. She accepted a position of Regional Field Officer. The contract
reads: "That the employer hires the employee on contractual basis to the position of Regional
Field Officer of Region 4 under FCCI/WOCCU/Aid Project No. 8175 and to
d o t h e function as stipulated in the job description assigned to him (her): on probationary
status effective February 17, 1990 for a period not to exceed six (6) months
from said effectivity, subject to renewal of this contract should the employee's performance
be satisfactory."
-Said period having elapsed, respondent was allowed to work until PFCCI presented to her
another employment contract for a period of one year commencing on January 2,
1991 until December 31, 1991, after which period, her employment was terminated.
- LA dismissed her complaint for illegal dismissal against PFCCI.
-NLRC set aside LAs decision and ordered her reinstated to her last
p o s i t i o n h e l d (RFO) or to an equivalent position, with full backwages from Jan 1,
1992 until she is reinstated.
Issue:
WON Abril was a probationary employee.
Held: No. Abril is a regular employee.
I t i s a n e l e m e n t a r y r u l e i n t h e l a w o n l a b o r r e l a t i o n s t h a t a probationary
employee w h o i s e n g a g e d t o w o r k b e y o n d t h e p r o b a t i o n a r y p e r i o d o f
s i x m o n t h s a s provided under Art. 281 of the Labor Code, as amended, or for any length
of time set forth by the employer, shall be considered a regular employee. Article 281 of the
Labor Code, as amended, allows the employer to secure the services of an
employee on a probationary basis which allows him to terminate the latter for just
cause or upon failure to qualify in accordance with reasonable standards set forth by
the employer at the time of his engagement. As defined In the case of International Catholic
Migration v. NLRC, a probationary employee 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 employment is m a d e
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.