6/7/2020
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Personnel Terms and Conditions provides:
....
7. First-time EMPLOYEES shall be subject to a probationary period of three (3)
months following commencement of service during which this AGREEMENT can be
terminated by either party without cause at any time upon fourteen (14) days
prior written notice. If the AGREEMENT is terminated in the probationary period
by the EMPLOYER, the repatriation costs should be shouldered by the EMPLOYER.
Thereafter either party may terminate this AGREEMENT without cause upon one
(1) month written notice. An EMPLOYEE that terminates his contract before the
expiry date, or demands to leave his employment without giving proper notice,
will be responsible for his own repatriation costs. The probation period shall not
apply to EMPLOYEES previously engaged by the EMPLOYER within a one (1) year
period prior to the execution of this AGREEMENT. EMPLOYER may in lieu of
providing the requisite notice, pay to the EMPLOYEE the Minimum Income to
which the EMPLOYEE would be entitled during the notice period. If an EMPLOYEE
in Group A1-B terminates this AGREEMENT during service on board and the
EMPLOYEE signs off in accordance with the approved vacation plan, the term of
notice shall apply from the date of signing off.
[40] Id. at 334.
[41] Id. at 336.
[42] Id.
[43] Id. at 282-285.
[44] Id. at 284.
[45] Id. at 284-285.
[46] Id. at 285.
[47] Id.
[48]
Id. at 163-167, NLRC Decision. See also rollo, pp. 241-274, Petitioner's
Memorandum on Appeal and rollo, pp. 198-240, Respondent's Notice of Appeal with
Memorandum of Appeal.
[49] Id. at 163.
[50] Id. at 164.
[51] Id. at 163-167.
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