In this case, the employment contract was for a definite period of one (1) year, with six (6) months probationary period. After only eleven days of work, the employer dismissed private respondent without just cause. Under Article 281 of the Labor Code, 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.xi[11] Under the contract of employment, the employer may terminate the services of private respondent during the probationary period for "being found losing ability to work." However, the power of the employer to terminate a probationary employment contract is subject to limitations. First, it must be exercised in accordance with the specific requirements of the contract. Secondly, the dissatisfaction of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law; and thirdly, there must be no unlawful discrimination in the dismissal.xii[12] In termination cases, the burden of proving just or valid cause for dismissing an employee rests on the employer.xiii[13] In this case, petitioner was not able to present convincing proof establishing respondent Endozos alleged incompetence. Due process dictates that an employee be apprised beforehand of the conditions of his employment and of the terms of advancement therein.xiv[14] Precisely, implicit in Article 281 of the Code is the requirement that reasonable standards be previously made known by the employer to the probationary employee at the time of his engagement.xv[15] Thus, the termination of respondent Endozos employment was not justifiedxvi[16] and hence, illegal.xvii[17] Consequently, private respondent is entitled to payment of her salaries corresponding to the unexpired portion of her contract of employment for a period of one year.xviii[18] WHEREFORE, the Court hereby DISMISSES the petition and AFFIRMS the resolution of the National Labor Relations Commission adopted on November 28, 1997, in NLRC NCR CA No. 013114-97. No costs. SO ORDERED. Davide, Jr., C.J. (Chairman), and Puno, JJ., concur. Kapunan, and Ynares-Santiago, JJ., on official business abroad. i[1] Rollo, pp. 39-44. ii[2] Rollo, pp. 33-37. iii[3] Rollo, pp. 27-31.

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