Unsigned Probationary Employment Contracts

The Supreme Court declared the employees as regular employees of Concentrix Daksh Services Philippines Corp. because their probationary employment contracts were unsigned and since the employer failed to explain to them the standards for regularization. The Court said:

As correctly ruled by the CA, Concentrix failed to sufficiently prove that respondents were apprised of the reasonable standards set for their regularization at the time of their engagement; and more importantly, show how these standards were applied in respondents’ case. Notably, while Concentrix presented copies of respondents’ employment contracts which state, albeit generally, the expected areas for evaluation (e.g., communication skills, knowledge, skills application, attendance and tardiness, etc.), the same appear to be unsigned. At any rate, no proof was presented to convincingly show that the regularization standards, supposedly contained in the employment contracts, were adequately explained to them. As such, respondents were regular employees whose dismissal, absent a valid cause, was illegal.

Further Reading:

  • Concentrix Daksh Services Philippines Corp. v. Palacio, G.R. No. 242673, January 7, 2019.