The Supreme Court has ruled that illegally dismissed probationary employees, like regular employees, are entitled to backwages up to their actual reinstatement and not only until the end of their probationary period.
The SC said that the right to security of tenure under the Constitution and the Labor Code applies to both regular and probationary employees. It added the mere lapse of the probationary period without regularization does not by itself sever the employment relationship. The SC made the ruling as it dismissed the petition filed by C.P. Reyes Hospital, which challenged the decision and resolution issued by the Court of AppealsCourt records showed that Geraldine M. Barbosa signed a six-month probationary employment contract with C.P. Reyes Hospital, where she would train as a staff nurse, then as a ward head nurse, and finally as training supervisor.
The Labor Arbiter ruled that Barbosa was illegally dismissed, finding that the numerical passing marks given by her evaluators showed she successfully met C.P. Reyes Hospital’s standards.
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