Probationary Employees Security of Tenure
Do probationary employees have security of tenure? In the case of Agoy vs. National Labor Relations Commission (G.R. No. 112096, January 30, 1996), the Supreme Court held that probationary employees, notwithstanding their limited tenure, are also entitled to security of tenure. A probationary employee may be terminated on two grounds: (a) for just cause or (b) when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. A digest of the case is presented below: FACTS : Petitioner applied for overseas employment as civil engineer with private respondent and was subsequently accepted to work in Saudi Arabia. Petitioner was deployed as "Road Foreman" and not as "CE/Road Engineer" as initially agreed upon. Left with no other choice, petitioner accepted the position and started to work. Petitioner was later asked by private respondent to sign a new contr...