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.