Abbot v.

Alcaraz
- Art. 295: The services of an employee who has been engaged on
probationary basis may be terminated for:
1. Just cause
2. Authorized cause
3. When he fails to qualify as a regular employee in accordance with
reasonable standards prescribed by the employer.
- IRR: if the employer fails to inform the probationary employee of the
reasonable standards upon which the regularization would be based on at the
time of the engagement, then the said employee shall be deemed a regular
employee.
o Where no standards are made known to the employee at that time, he
shall be deemed a regular employee.
- When dealing with a probationary employee:
1. The employer must communicate the regularization standards to
the probationary employee
2. The employer must make such communication at the time of the
probationary employees engagement.
- If the employer fails to comply with either, the employee is deemed as a
regular and not a probationary employee.
- Employer is deemed to have made known the standards that would qualify a
probationary employee to be a regular employee when it has exerted
reasonable efforts to apprise the employee of what he is expected to do or
accomplish during the trial period of probation.
o Made aware of probationary status
o Length of time of the probation.
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