Just recently, Probinsyano Ako Representative Jose Singson Jr files House Bill 4802 to extend prescribed probationary period to 24 months, from the current six months. House Bill 4802 will amend the Labor Code of the Philippines and inevitably allow employers to avoid automatic regularization. According to Singson, the six month period is not enough for employers to decipher whether to keep tenure or not.
“A period of six months under the present set up is not sufficient a period in order for the employer to determine if the probationary employee is qualified for regular employment, especially in positions which require specialized skills and talents. Because of the maximum six-month period prescribed by law, employers are inclined to terminate the probationary employees before the expiration of the six-month period, rather than risk oppression by being stuck with a substandard employee,” states Probinsyano Ako Representative Jose Singson Jr, author of House Bill 4802, in an article by PhilStar.
It can be recalled that President Rodrigo Duterte requested the 17th Congress to pass a law abolishing contractualization, in a bid to end ‘endo’. The Philippine Independent Public Sector Employees Association, defines ‘endo’ or ‘end of contract’ as ‘where workers are endlessly hired and fired every five months to prevent them from becoming permanent or regular employees, availing of mandatory bonuses and other benefits and joining a union’.
“Under probationary period, an employee is not entitled to benefits such as promotion, salary increase and other benefits. The proposed bill would mean the security of tenure would come only after two years? But it’s the basic right of an employee. In that case, there could be scenarios when employers could just terminate an employee right away, as some companies do not observe due process during the probationary period,” states Derwin Crisologo Jr, Human Resource, in an article by Sun Star.
By far, Singson’s bill has received mixed feedback.