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    Mariwasa Vs Leogardo Digest

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    Dequila was hired as a probationary employee by Mariwasa Manufacturing for 6 months. At the end of the probationary period, Mariwasa informed Dequila that his work was unsatisfactory. Rather than terminating him, Mariwasa extended Dequila's probationary period by 3 more months with his written consent. After the extension, Dequila's performance still did not improve and Mariwasa terminated his employment. The Court ruled that by agreeing to extend the probationary period, Dequila waived any right to be considered a regular employee if he failed to meet standards during the extension period. The Court found probationary periods can be validly extended beyond 6 months by agreement between the employer and

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    Mariwasa Vs Leogardo Digest

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    Dequila was hired as a probationary employee by Mariwasa Manufacturing for 6 months. At the end of the probationary period, Mariwasa informed Dequila that his work was unsatisfactory. Rather than terminating him, Mariwasa extended Dequila's probationary period by 3 more months with his written consent. After the extension, Dequila's performance still did not improve and Mariwasa terminated his employment. The Court ruled that by agreeing to extend the probationary period, Dequila waived any right to be considered a regular employee if he failed to meet standards during the extension period. The Court found probationary periods can be validly extended beyond 6 months by agreement between the employer and

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    Dequila was hired as a probationary employee by Mariwasa Manufacturing for 6 months. At the end of the probationary period, Mariwasa informed Dequila that his work was unsatisfactory. Rather than terminating him, Mariwasa extended Dequila's probationary period by 3 more months with his written consent. After the extension, Dequila's performance still did not improve and Mariwasa terminated his employment. The Court ruled that by agreeing to extend the probationary period, Dequila waived any right to be considered a regular employee if he failed to meet standards during the extension period. The Court found probationary periods can be validly extended beyond 6 months by agreement between the employer and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    716 views2 pages

    Mariwasa Vs Leogardo Digest

    Uploaded by

    taehyung trash
    Dequila was hired as a probationary employee by Mariwasa Manufacturing for 6 months. At the end of the probationary period, Mariwasa informed Dequila that his work was unsatisfactory. Rather than terminating him, Mariwasa extended Dequila's probationary period by 3 more months with his written consent. After the extension, Dequila's performance still did not improve and Mariwasa terminated his employment. The Court ruled that by agreeing to extend the probationary period, Dequila waived any right to be considered a regular employee if he failed to meet standards during the extension period. The Court found probationary periods can be validly extended beyond 6 months by agreement between the employer and

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    CASE DIGESTS FOR LABOR02

    KINDS OF EMPLOYMENT

    (8)

    Mariwasa Manufacturing, Inc. vs. Hon. Vicente Leogardo, Jr.

    (Mariwasa vs Leogardo)

    G.R. No. 74246. January 26, 1989.

    Facts:

     Petition to review the orders of the Ministry of Labor and Employment. (Hon. Leogardo)
     Private respondent Joaquin A. Dequila (or Dequilla) was hired on probation by petitioner
    Mariwasa Manufacturing, Inc. (hereafter, Mariwasa only) as a general utility worker on January
    10, 1979. Upon the expiration of the probationary period of six months, Dequila was informed
    by his employer that his work had proved unsatisfactory and had failed to meet the required
    standards.
     To give him a chance to improve his performance and qualify for regular employment, instead of
    dispensing with his service then and there, with his written consent Mariwasa extended his
    probation period for another three months from July 10 to October 9, 1979. His performance,
    however, did not improve and on that account Mariwasa terminated his employment at the end
    of the extended period.
     Dequila thereupon filed with the Ministry of Labor against Mariwasa and its Vice-President for
    Administration, Angel T. Dazo, a complaint for illegal dismissal and violation of Presidential
    Decrees Nos. 920 and 1389.
     Ministry of Labor Ruling: The complaint was dismissed after hearing by Director Francisco L.
    Estrella, Director of the Ministry’s National Capital Region, who ruled that the termination of
    Dequila’s employment was in the circumstances justified and rejected his money claims for
    insufficiency of evidence.
     Office of the Minister Ruling: On appeal to the Office of the Minister, however, said disposition
    was reversed. Respondent Deputy Minister Vicente Leogardo, Jr. held that Dequila was already
    a regular employee at the time of his dismissal, therefore, could not have been lawfully
    dismissed for failure to meet company standards as a probationary worker. He was ordered
    reinstated to his former position without loss of seniority and with full back wages from the date
    of his dismissal until actually reinstated.

    ISSUE/S:

    1. WoN, Article 282 of the Labor Code notwithstanding, probationary employment may validly
    be extended beyond the prescribed six-month period by agreement of the employer and the
    employee.
    HELD:

    1. “Generally, the probationary period of employment is limited to six (6) months. The exception to
    this general rule is when the parties to an employment contract may agree otherwise, such as
    when the same is established by company policy or when the same is required by the nature of
    work to be performed by the employee.”

    The Court agrees with the Solicitor General, who takes the same position as the petitioners, that
    such an extension may lawfully be covenanted, notwithstanding the seemingly restrictive
    language of the cited provision. Buiser vs. Leogardo, Jr. recognized agreements stipulating
    longer probationary periods as constituting lawful exceptions to the statutory prescription
    limiting such periods to six months, when it upheld as valid an employment contract between an
    employer and two of its employees that provided for an eigthteen-month probation period.

    By voluntarily agreeing to an extension of the probationary period, Dequila in effect waived any
    benefit attaching to the completion of said period if he still failed to make the grade during the
    period of extension. The Court finds nothing in the law which by any fair interpretation prohibits
    such a waiver. And no public policy protecting the employee and the security of his tenure is
    served by proscribing voluntary agreements which, by reasonably extending the period of
    probation, actually improve and further a probationary employee’s prospects of demonstrating
    his fitness for regular employment.

    Extension of the period of probationary employment is not a mere strategem of petitioners to


    avoid the legal consequences of a probationary period satisfactorily completed. The extension of
    Dequila’s probation was ex gratia, an act of liberality on the part of his employer affording him a
    second chance to make good after having initially failed to prove his worth as an employee.

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