Scribd Logo
Upload

Welcome to Scribd!

  • 285 views

    Phil. Federation of Credit Cooperatives Inc. vs. NLRC

    Uploaded by

    Angel Navarroza
    Victoria Abril was employed by Phil. Federation of Credit Cooperatives Inc (PFCCI) from 1982 to 1988, then took leave until 1989 when she returned to work. After 8 months in her previous role, she was given a new position of Regional Field Officer under a 6-month probationary contract. This period elapsed and she continued working until PFCCI presented another 1-year employment contract. After this ended, her employment was terminated. The NLRC ruled she was a regular employee as she worked beyond the probationary period, and ordered her reinstated with back wages. The Supreme Court affirmed, stating anyone who works beyond the probationary period set by the employer is considered a regular employee under the Labor

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Phil. Federation of Credit Cooperatives Inc. vs. NLRC

    Uploaded by

    Angel Navarroza
    285 views1 page
    Victoria Abril was employed by Phil. Federation of Credit Cooperatives Inc (PFCCI) from 1982 to 1988, then took leave until 1989 when she returned to work. After 8 months in her previous role, she was given a new position of Regional Field Officer under a 6-month probationary contract. This period elapsed and she continued working until PFCCI presented another 1-year employment contract. After this ended, her employment was terminated. The NLRC ruled she was a regular employee as she worked beyond the probationary period, and ordered her reinstated with back wages. The Supreme Court affirmed, stating anyone who works beyond the probationary period set by the employer is considered a regular employee under the Labor

    Original Description:

    Labor case

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Victoria Abril was employed by Phil. Federation of Credit Cooperatives Inc (PFCCI) from 1982 to 1988, then took leave until 1989 when she returned to work. After 8 months in her previous role, she was given a new position of Regional Field Officer under a 6-month probationary contract. This period elapsed and she continued working until PFCCI presented another 1-year employment contract. After this ended, her employment was terminated. The NLRC ruled she was a regular employee as she worked beyond the probationary period, and ordered her reinstated with back wages. The Supreme Court affirmed, stating anyone who works beyond the probationary period set by the employer is considered a regular employee under the Labor

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    285 views1 page

    Phil. Federation of Credit Cooperatives Inc. vs. NLRC

    Uploaded by

    Angel Navarroza
    Victoria Abril was employed by Phil. Federation of Credit Cooperatives Inc (PFCCI) from 1982 to 1988, then took leave until 1989 when she returned to work. After 8 months in her previous role, she was given a new position of Regional Field Officer under a 6-month probationary contract. This period elapsed and she continued working until PFCCI presented another 1-year employment contract. After this ended, her employment was terminated. The NLRC ruled she was a regular employee as she worked beyond the probationary period, and ordered her reinstated with back wages. The Supreme Court affirmed, stating anyone who works beyond the probationary period set by the employer is considered a regular employee under the Labor

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 1

    Phil.

    Federation of Credit Cooperatives Inc vs NLRC (1998)


    Facts:
    - Victoria Abril was employed by PFCCI in different capacities from 1982 to 1988, when she
    went on leave until she gave birth. When she went back in 1989, after 8 months,
    another employee had been permanently appointed to her former
    p o s i t i o n o f o f f i c e secretary. She accepted a position of Regional Field Officer. The contract
    reads: "That the employer hires the employee on contractual basis to the position of Regional
    Field Officer of Region 4 under FCCI/WOCCU/Aid Project No. 8175 and to
    d o t h e function as stipulated in the job description assigned to him (her): on probationary
    status effective February 17, 1990 for a period not to exceed six (6) months
    from said effectivity, subject to renewal of this contract should the employee's performance
    be satisfactory."
    -Said period having elapsed, respondent was allowed to work until PFCCI presented to her
    another employment contract for a period of one year commencing on January 2,
    1991 until December 31, 1991, after which period, her employment was terminated.
    - LA dismissed her complaint for illegal dismissal against PFCCI.
    -NLRC set aside LAs decision and ordered her reinstated to her last
    p o s i t i o n h e l d (RFO) or to an equivalent position, with full backwages from Jan 1,
    1992 until she is reinstated.
    Issue:
    WON Abril was a probationary employee.
    Held: No. Abril is a regular employee.
    I t i s a n e l e m e n t a r y r u l e i n t h e l a w o n l a b o r r e l a t i o n s t h a t a probationary
    employee w h o i s e n g a g e d t o w o r k b e y o n d t h e p r o b a t i o n a r y p e r i o d o f
    s i x m o n t h s a s provided under Art. 281 of the Labor Code, as amended, or for any length
    of time set forth by the employer, shall be considered a regular employee. Article 281 of the
    Labor Code, as amended, allows the employer to secure the services of an
    employee on a probationary basis which allows him to terminate the latter for just
    cause or upon failure to qualify in accordance with reasonable standards set forth by
    the employer at the time of his engagement. As defined In the case of International Catholic
    Migration v. NLRC, a probationary employee is one who is on trial by an employer during
    which the employer determines whether or not he is qualified for permanent
    employment. A probationary employment is m a d e
    to
    afford
    the
    employer an opportunity to observe the fitness of a
    probationer while at work, and to ascertain whether he will become a proper and efficient
    employee.

    You might also like