Practice question
A hospital gives a probationary nurse a dismissal notice on November 29 but pays all compensation through December 31. The dismissal is later held illegal, and reinstatement is adjudged infeasible. The employer argues that backwages must stop at the original probation period’s expiration. Under C.P. Reyes, which approach is correct?
- Begin when compensation was withheld, January 1, and compute to finality of the decision on the stated facts rather than automatically stopping at probation expiration.
- Begin on the first day of employment and always stop after one month.
- Begin on November 29 even though compensation remained paid through December 31.
- Award no backwages to any probationary employee.
- Always limit the award to the unexpired probationary period.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 294.
- C.P. Reyes Hospital v Barbosa, G.R. No. 228357, April 16, 2024, en banc main decision, probationary backwages and academic-employment qualification: https://lawphil.net/judjuris/juri2024/apr2024/gr_228357_2024.html
- Bustamante v NLRC, G.R. No. 111651, November 28, 1996, en banc resolution, full backwages without deduction of earnings elsewhere: https://lawphil.net/judjuris/juri1996/nov1996/gr_111651_1996.html
- Angono Medics Hospital v Agabin, G.R. No. 202542, December 9, 2020, separation pay and backwages: https://lawphil.net/judjuris/juri2020/dec2020/gr_202542_2020.html
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