Phil. Federation of Credit Cooperatives Inc. vs. NLRC

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 secret secretary ary.. She She accept accepted ed a positio position n of of Regio Regional nal Field Field Officer Officer.. The The cont contrac ractt 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 as stipulated stipulated in the job description assigned assigned to to him (her): on probationary sta status tus 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." 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 LA’s   decision and ordered her reinstated to her last position held (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 provid provided ed unde underr Art. Art. 281 281 of of the Labor Labor Code, Code, as as amen amended ded,, or for for any any length length of time time set forth forth by the employer employer,, shall be be considere considered d a regular regular employee. employee. Ar ti cl e 28 1 of th e 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 which the employe employerr determin determines es whethe whetherr or no t he is qu al if ie d fo r pe rm an en t e mp mp lo lo ym ym en en t. t. A pr p r ob ob at at io io na na ry ry e mp mp lo lo ym ym en en t i s 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.”