[g.r. no. l-63316] buiser v. leogardo 1984

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FACTS: Iluminada Ver Buiser, Ma. Cecilia Rilloacuña, and Ma. Mercedes P. Intengan all entered into an eighteen month probationary contract of employment with General Telephone Directory Company (GTPD), a business concerned with telephone directories, as sales representative charged with soliciting advertisements to include in the telephone directories. All respondents were terminated after the period for failing to meet their sales quotas. Though they appealed to the Ministry of Labor of and Employment, they were both dismissed by the regional director and Deputy Minister Leogardo, and ruled that they have not attained regular status, the stipulated probationary period was justified and valid, and that the termination was valid because they have not reached their required sales quotas. Petitioners contend that Leogardo committed a grave abuse of discretion in rendering the decision in favor of Mariwasa and that, by law, probationary period cannot exceed 6 months, meaning that the probationary period of GTPD was illegal. Hence this petition. ISSUE: Whether or not the stipulated eighteen month probationary period is violative of the Labor Code. DECISION: The decision was rendered in favor of GTPD. According to the Labor Code, while the 6 month general rule on probationary period is stated, it still allows parties to stipulate the terms of the employment provided that they can come into agreement. Given that parties signed and agreed that the 18 month period is the law between them, petitioners cannot impugn this by partially

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[G.R. No. L-63316] Buiser v. Leogardo 1984 Case Digest

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FACTS: Iluminada Ver Buiser, Ma. Cecilia Rilloacua, and Ma. Mercedes P. Intengan all entered into an eighteen month probationary contract of employment with General Telephone Directory Company (GTPD), a business concerned with telephone directories, as sales representative charged with soliciting advertisements to include in the telephone directories. All respondents were terminated after the period for failing to meet their sales quotas. Though they appealed to the Ministry of Labor of and Employment, they were both dismissed by the regional director and Deputy Minister Leogardo, and ruled that they have not attained regular status, the stipulated probationary period was justified and valid, and that the termination was valid because they have not reached their required sales quotas. Petitioners contend that Leogardo committed a grave abuse of discretion in rendering the decision in favor of Mariwasa and that, by law, probationary period cannot exceed 6 months, meaning that the probationary period of GTPD was illegal. Hence this petition.ISSUE: Whether or not the stipulated eighteen month probationary period is violative of the Labor Code.DECISION: The decision was rendered in favor of GTPD. According to the Labor Code, while the 6 month general rule on probationary period is stated, it still allows parties to stipulate the terms of the employment provided that they can come into agreement. Given that parties signed and agreed that the 18 month period is the law between them, petitioners cannot impugn this by partially implying the provision of the Labor Code in their favor. Additionally, the grounds for their dismissal was just because it was proven that they did, in fact fail to meet their sales quotas. Hence, this petition is dismissed.