Buiser v. Leogardo, Jr.

GR No. L-63316 | 131 SCRA 151 | July 31, 1984

Petition: Petition for review on certiorari RULING & RATIO
Petitioner: ILUMINADA VER BUISER, MA. CECILIA RILLOACUA and MA.
MERCEDES P. INTENGAN 1. YES
Respondent: HON. VICENTE LEOGARDO, JR., in his capacity as Deputy Minister General Rule: probationary period of employment is limited to six (6) months.
of the Ministry of Labor & Employment, and GENERAL TELEPHONE DIRECTORY, Exception:
CO., o parties to an employment contract agreed otherwise,
o established by company policy
DOCTRINE o required by the nature of work to be performed by the employee.
Generally, the probationary period of employment is limited to six (6) months. The There is an exercise of managerial prerogatives in requiring a longer period of
exception to this general rule is when the parties to an employment contract may agree probationary employment, especially where the employee must learn a
otherwise, such as when the same is established by company policy or when the same particular kind of work such as selling, or when the job requires certain
is required by the nature of work to be performed by the employee. qualifications, skills, experience or training.
Under the Labor Code, six (6) months is the general probationary period, but
FACTS the probationary period is the period needed to determine fitness for the job.
- Buiser, Rilloacuna and Intengan were employed by General Telephone This period, for lack of a better measurement is deemed to be the period
Directory Co. as sales representative. needed to learn the job.
- Buiser et al. entered an Employment Contract (on Probationary Status) with Moreover, an eighteen-month probationary period is recognized by the Labor
GT Directory. Union GT Directory Co, which is Article V of the Collective Bargaining
- The employment contact states that: Agreement.
o The company hereby employs the employee as telephone sales DISPOSITION
representative on a probationary status for a period of eighteen (18) WHEREFORE, the petition is DISMISSED for lack of merit.
months.
o During the probationary period of employment, the Employee may
be terminated at the pleasure of the company without the necessity
of giving notice of termination or the payment of termination pay.
o It takes about eighteen (18) months before his worth as a telephone
sales representative can be fully evaluated
- GT Directory prescribed sales quotas to be accomplished by Buiser. Failing
to meet their respective sales quotas, Buiser et al. were dismissed from the
service. Thus, Buiser filed a complaint for illegal dismissal.
- Regional Director Ministry of Labor dismissed the complaint. Buiser appealed
to Deputy Minister Vicente Leogardo, Jr which affirmed the decision of RD.
- Deputy Minister Leogardo ruled that the petitioners have not attained
permanent status since private respondent was justified in requiring a longer
period of probation, and that the termination of petitioners services was valid
since the latter failed to meet their sales quotas.

Hence, this petition.

ISSUE/S
1. W/N the 18 months probationary status is allowed.

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