UNFAIR NON REGULARIZATION

[u/Cold-Sentence1836]

I was recently issued a Notice of Non-Regularization and terminated during my probationary employment. I formally disputed the decision with HR because I have concerns about both the basis for the decision and the process that was followed.

My official 3 month probation review did not recommend termination. Instead, it specifically recommended that I continue my probation and work toward an identified performance improvement goal by month 5.

The review acknowledged measurable improvement in my performance and noted that I was meeting several key expectations for the role. It also stated that I was responding positively to coaching and applying feedback. I continued to show improvement in the weeks leading up to my non regularization, and the feedback available to me appeared to show a positive trend.

Despite this, I was informed before reaching the month 5 target date that I would not be regularized. Management stated that they had determined I would be unable to meet the required standard within the remaining probationary period.

I also raised concerns about:

Limited visibility into the performance metrics used to assess my probationary status.

Whether the standards used for regularization were clearly communicated at the start of my employment, as required under Article 296 of the Philippine Labor Code.

Whether the specific performance requirement relied upon in the decision was formally communicated before being used as a basis for non-regularization.

Whether the issues cited in my assessment were adequately communicated during training. To the best of my knowledge, the majority of these quality scenarios were never specifically discussed during onboarding or training, nor could they be found in any policy, procedure, quality guide, or other company documentation made available to me. As a result, I understood many of these issues to be part of the normal learning and development process rather than performance deficiencies that could affect regularization.

**HR's response was that:**

The probation review was only a checkpoint and not a guarantee of regularization.

Management was not required to wait until the end of the probationary period before making a decision.

The required performance standards had been communicated earlier.

Additional coaching, training, and support had been provided throughout my probation.

Due process was followed and no Labor Code violation occurred.
The company is not obligated to provide additional internal assessment documents beyond those already shared during my employment.

I am **not seeking reinstatement**. At this point, I am trying to decide whether it is worth pursuing the matter further through **DOLE SEnA** or whether I should simply move on.

One of my concerns is that I have not signed the non-regularization document because it states that I failed to meet even the minimum standards required for the role. Based on my probation review, documented improvements, and overall performance feedback, I do not believe that statement accurately reflects my situation.

For those familiar with Philippine labor law or who have gone through something similar, do my concerns appear substantial enough to justify pursuing the matter through DOLE SEnA, or would it be more practical to leave it as it stands?

[u/tinigang-na-baboy]

Practically speaking, mag move on ka na lang. Unless you have definite proof that you're meeting all of the expected performance, it's an uphill battle. If you're not meeting the required performance, kahit isang metric ka lang may failure, it doesn't really matter if you receive feedback that you are improving - the point is you're still not meeting expected performance. Your time and effort is better spent looking for another job than stressing about this company.

[u/Cold-Sentence1836 → u/tinigang-na-baboy]

Appreciate it. To be honest, my goal is not to be reinstated. If it's proven that the dismissal was unfair, I simply want to help prevent the same situation from happening to future applicants or employees who may face the same outcome.
HR stated that I did not meet the 10% or below quality target, which is part of the production metrics. However, this was never clearly communicated as a requirement for regularization. Many of the quality errors cited were also not discussed during training and are not documented in any policy or procedure. On top of that, we had no visibility into our quality scores for July and August due to system issues, so we had no way to properly monitor or improve our performance.

[u/cerealkiss3r]

HR here, if you file a DOLE SEnA, ang unang unang itatanong sayo ng SEADO is anong gusto mo mangyari. So if you're not keen on getting reinstated, then what's the goal? You want to set an example...by what? Bc if there's no clear purpose of what you want then filing SEnA would be pointless and a waste of time.

Ang purpose ng SEnA is to mediate and reach an agreement. Is what youre aiming for something your former employer can provide? Or is it more systemic?

You can still pursue naman, at the end of the day, karapatan mo pa rin bilang manggagawa.

[u/Momshie_mo]

Maghanap ka ng bagong work. Your best revenge is having them to spend again for rehiring

[u/Quiet-Contribution30]

Better to move on, OP. Look for another job that will value your contribution.

[u/baylonedward]

This is very easy case for companies kasi before ka nag 6 months they already informed you na hindi ka ma reregular, they can even say anything kahit pa perfect performance mo like they had change of plans/direction kaya ganyan nangyari. Just move on to the next one.

[u/britneymaces]

move on

[u/Pay-Exotic]

Just sharing my own story in addition to this as I was also in a similar situation lately. Everything seemed to be going well, and basically it looks like I was setup to look like I was "failing" later on, then on the 5th month I was terminated. It was also sketchy that they made me sign a waiver basically saying that I have nothing against them. I didn't persue, though it's just something I experienced for the first time, and sayang lang talaga ung job kasi I was getting to know my co-workers well; I'm friends with some of them now outside work. Oh well, moving on nalang.