Case # 2

Mitsubishi Motors Philippines Corporation versus Chrysler Philippines Labor Union and Nelson Paras
G.R. No. 148738, June 29, 2004

Facts:

Sometime in May 1996, petitioner Paras was rehired on a probationary basis as a manufacturing trainee at the Plant Engineering Maintenance Department. He started working on May 27, 1996. After evaluation by his immediate supervisors, pursuant to the company policy, petitioner Paras was given an average rating and was later informed that he would be regularized.

However, the Department and Division Managers and his supervisors again reviewed the performance evaluation made on Paras and unanimously agreed that his performance was unsatisfactory. Hence, on November 26, 1996, a Notice of Termination dated November 25, 1996 was given to petitioner Paras, informing him that his services were terminated on the said date since he failed to meet the required company standards for regularization.

The Union argued that Paras was dismissed on his 183rd day, or three days after the expiration of the probationary period; as such, Paras was already a regular employee.

Issue:

Whether or not respondent Paras was already a regular employee on November 26, 1996