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    Buiser v. Leogardo, Jr.

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    Joe Cura
    The 18-month probationary period agreed to in the employment contract is allowed under the circumstances. Generally, the probationary period is limited to six months, but exceptions exist when parties agree otherwise, company policy dictates a longer period, or the nature of the work requires more time to evaluate an employee's fitness. Here, the sales representative positions required learning particular skills over an 18-month period to fully evaluate work performance, as recognized in the collective bargaining agreement. Therefore, terminating the petitioners for failing to meet sales quotas within the 18-month probationary period was valid.

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    Buiser v. Leogardo, Jr.

    Uploaded by

    Joe Cura
    709 views1 page
    The 18-month probationary period agreed to in the employment contract is allowed under the circumstances. Generally, the probationary period is limited to six months, but exceptions exist when parties agree otherwise, company policy dictates a longer period, or the nature of the work requires more time to evaluate an employee's fitness. Here, the sales representative positions required learning particular skills over an 18-month period to fully evaluate work performance, as recognized in the collective bargaining agreement. Therefore, terminating the petitioners for failing to meet sales quotas within the 18-month probationary period was valid.

    Original Description:

    Buiser v. Leogardo, Jr.

    Original Title

    82. Buiser v. Leogardo, Jr.

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    The 18-month probationary period agreed to in the employment contract is allowed under the circumstances. Generally, the probationary period is limited to six months, but exceptions exist when parties agree otherwise, company policy dictates a longer period, or the nature of the work requires more time to evaluate an employee's fitness. Here, the sales representative positions required learning particular skills over an 18-month period to fully evaluate work performance, as recognized in the collective bargaining agreement. Therefore, terminating the petitioners for failing to meet sales quotas within the 18-month probationary period was valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    709 views1 page

    Buiser v. Leogardo, Jr.

    Uploaded by

    Joe Cura
    The 18-month probationary period agreed to in the employment contract is allowed under the circumstances. Generally, the probationary period is limited to six months, but exceptions exist when parties agree otherwise, company policy dictates a longer period, or the nature of the work requires more time to evaluate an employee's fitness. Here, the sales representative positions required learning particular skills over an 18-month period to fully evaluate work performance, as recognized in the collective bargaining agreement. Therefore, terminating the petitioners for failing to meet sales quotas within the 18-month probationary period was valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Buiser v. Leogardo, Jr.

    GR No. L-63316 | 131 SCRA 151 | July 31, 1984


    Petition: Petition for review on certiorari RULING & RATIO
    Petitioner: ILUMINADA VER BUISER, MA. CECILIA RILLOACUA and MA.
    MERCEDES P. INTENGAN 1. YES
    Respondent: HON. VICENTE LEOGARDO, JR., in his capacity as Deputy Minister General Rule: probationary period of employment is limited to six (6) months.
    of the Ministry of Labor & Employment, and GENERAL TELEPHONE DIRECTORY, Exception:
    CO., o parties to an employment contract agreed otherwise,
    o established by company policy
    DOCTRINE o required by the nature of work to be performed by the employee.
    Generally, the probationary period of employment is limited to six (6) months. The There is an exercise of managerial prerogatives in requiring a longer period of
    exception to this general rule is when the parties to an employment contract may agree probationary employment, especially where the employee must learn a
    otherwise, such as when the same is established by company policy or when the same particular kind of work such as selling, or when the job requires certain
    is required by the nature of work to be performed by the employee. qualifications, skills, experience or training.
    Under the Labor Code, six (6) months is the general probationary period, but
    FACTS the probationary period is the period needed to determine fitness for the job.
    - Buiser, Rilloacuna and Intengan were employed by General Telephone This period, for lack of a better measurement is deemed to be the period
    Directory Co. as sales representative. needed to learn the job.
    - Buiser et al. entered an Employment Contract (on Probationary Status) with Moreover, an eighteen-month probationary period is recognized by the Labor
    GT Directory. Union GT Directory Co, which is Article V of the Collective Bargaining
    - The employment contact states that: Agreement.
    o The company hereby employs the employee as telephone sales DISPOSITION
    representative on a probationary status for a period of eighteen (18) WHEREFORE, the petition is DISMISSED for lack of merit.
    months.
    o During the probationary period of employment, the Employee may
    be terminated at the pleasure of the company without the necessity
    of giving notice of termination or the payment of termination pay.
    o It takes about eighteen (18) months before his worth as a telephone
    sales representative can be fully evaluated
    - GT Directory prescribed sales quotas to be accomplished by Buiser. Failing
    to meet their respective sales quotas, Buiser et al. were dismissed from the
    service. Thus, Buiser filed a complaint for illegal dismissal.
    - Regional Director Ministry of Labor dismissed the complaint. Buiser appealed
    to Deputy Minister Vicente Leogardo, Jr which affirmed the decision of RD.
    - Deputy Minister Leogardo ruled that the petitioners have not attained
    permanent status since private respondent was justified in requiring a longer
    period of probation, and that the termination of petitioners services was valid
    since the latter failed to meet their sales quotas.

    Hence, this petition.

    ISSUE/S
    1. W/N the 18 months probationary status is allowed.

    Page 1 of 1

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