My employer's policy on resignation is to render 60 days which I have also signed in the contract. Per my understanding, the company should let you know on your 5th month if you will be regularized or not.

Now, my plan is not to further continue with the company and will only finish my probation period which is 6 months. I have planned to tell this to the company on my 5th month, but when I did, they are saying that I should give them 60 days per policy.

My take is I am not yet a regular employee and the probation period is only for 6 months. Are they saying that I should have told them this on my 4th month? because if that is so, then assessment for regularization should also be done on the 4th month.

My understanding about the probation period is for the company to assess if you are right for the job, hence the company. This should also work for the employee who also assesses himself if the company and the role will meet your needs. And ultimately, either party is free to determine that it's not working out and can end the relationship through the probation period.

Is my understanding correct? thank you for the advise.

  • your probation was 6 months, but how long was the contract? – SaggingRufus Dec 6 '18 at 16:24
  • after 6 months, employers are bound by law to regularize their employees, which I don't intend to have because i want to move on from them. I'm not sure if I answered your question right. – corkie Dec 6 '18 at 16:26
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    you're going to need to add your location, but it seems simple, if you want to leave give 60 days notice. That's the contract YOU agreed to, so if you void that you do so at your own peril. – SaggingRufus Dec 6 '18 at 16:29
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    In which country are you? Would the company also give you 60 days of notice during the probation period? two months out of six sounds extremely long – FooTheBar Dec 6 '18 at 16:30
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    "The employer and the employee do not need to have the same freedoms in this scenario." That strongly depends on the jurisdiction. In Germany, a contract with shorted periods for the employer would not be enforceable (even if signed by the employer). Not sure about the Philippines, however. – FooTheBar Dec 6 '18 at 16:39

You signed a contract where you agreed to give 60 days notice. They are not out of line by asking for that 60 days notice now that you want to resign.

You would have to refer to your contract to see if your understanding of the probationary period is correct but normally the probationary period is in place to protect the employer.

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    Thank you! another consideration I am thinking is, I am still on probation, which asks me to try the company out for 6 months. Again, if the 60 days is going to be followed, then the company is bound to let you know if you will be regularized or not as early as the 4th month, and not on the 5th month. I really don't want to move further with them but wanted to move on clean. – corkie Dec 6 '18 at 16:39
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    @corkie - Unless the contract says, you will receive that notification during the 4th month, you should not expect that decision during the 4th month. You should refer to your contract, and should assume, they will hold you to the terms of said contract. – Donald Dec 6 '18 at 20:04

We can't say for certain without seeing the actual contract you signed, but from your description it appears that employees are required to give 60 days notice before resigning, but there is no reason to assume that such a restriction exists when the company dismisses an employee or declines to regularize an employee. If you believe that this is illegal where you live, then citing the relevant laws will be necessary to support your position. Your "take", by itself, simply isn't worthwhile as a legal argument.

That you signed the contract means that you agreed to the 60-day notice period. If you want to "move on clean", then you should honor that, not try to hold the employer to assumptions you've made given your interpretation of the contract and what regularization timing the company prefers.

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  • Thank you everyone! I appreciate all the insights. – corkie Dec 6 '18 at 22:01

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