Short answer. No, not as ordinary probation. The Labor Code caps probationary employment at six months from the date you started working, unless an apprenticeship agreement stipulates a longer period. Without one, being allowed to keep working past six months makes you a regular employee by operation of law.

What the law says

Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period.

Labor Code, Article 281 — Probationary Employment. Read the full provision →

Six months is the ceiling, not a target

Article 281 fixes the maximum length of probationary employment at six (6) months from the date the employee started working. The article carves out exactly one exception to that ceiling: coverage by an apprenticeship agreement that stipulates a longer period. Outside that specific arrangement, the six-month figure is the outer limit the law sets for how long an employer may keep an employee on probationary status before the employment relationship changes character. The starting point is worth noting too: the six months run from the date the employee started working, not from the date a contract was signed, an appointment paper issued, or a formal orientation held. Where those dates differ, it is the day work actually began that starts the clock.

What happens when the period simply runs out

The same article answers what follows if the employer lets the six months pass without acting: an employee who is allowed to work after a probationary period shall be considered a regular employee. This is not a discretionary step the employer takes — it is the consequence the article attaches to being allowed to continue working beyond the probationary period. An employer cannot informally keep extending probation month to month by simply not deciding either way. Probation is often misunderstood in the other direction as well. The article does not leave a probationary employee at the employer's pleasure meanwhile: the services of a probationary employee may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. Standards invented later, or never communicated at all, are not standards the article recognises.

Why the apprenticeship agreement matters here

The only textual basis for a longer probationary period is an apprenticeship agreement that itself stipulates that longer period. If no such agreement exists, there is nothing in Article 281 that permits stretching probation past six months. An arrangement dressed up as an extension of ordinary probationary employment, without the apprenticeship agreement the article requires, does not fit within the exception the law allows. An apprenticeship agreement is a particular arrangement, not a label that can be attached after the fact. A memorandum headed "extension of probation" or "additional training period", signed partway through the six months because the employer wants more time to decide, is not the agreement the exception describes.

What this means in practice

If you started working and no apprenticeship agreement stipulating a longer period was ever in place, the six-month mark is where your probationary status is measured against. Working past that point, with the employer's knowledge and consent, is treated by the article as making you a regular employee rather than as extending your probation. Keep a record of your actual start date, since that date is what the six-month period runs from.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.