Quick answer

A probationary employee is one hired on a trial basis to determine their fitness for regular employment, and probationary employment generally may not exceed six months from the date the employee started working, unless a longer period is established by an apprenticeship agreement or the nature of the work requires it. A probationary employee enjoys security of tenure during the probationary period, but of a limited kind: they may be terminated for the same just or authorized causes that apply to a regular employee, and additionally for a third ground unique to probationary status, failure to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of engagement. This third ground is subject to a crucial condition: the reasonable standards for regularization must have been communicated to the employee at the time of hiring; if the employer failed to make the standards known at the start, the employee is generally deemed a regular employee, and cannot be dismissed for failing standards they were never told about. When terminating for failure to meet standards, the employer must show that the standards were reasonable, were communicated at engagement, and that the employee indeed failed to meet them; while the strict twin-notice rule for just causes may be relaxed, the employee should still be informed of the failure to qualify. Importantly, a probationary employee who is allowed to work beyond the six-month probationary period (absent a valid extension) becomes a regular employee by operation of law. So a probationary employee may be let go for failing reasonable standards, but only if those standards were disclosed at hiring, and otherwise enjoys the just- and authorized-cause protections and automatic regularization after six months.

What Probationary Employment Is

A probationary employee is on a trial basis, generally for up to six months, to determine fitness for regular employment. They have limited security of tenure.

The Grounds for Termination

Standards Must Be Disclosed at Hiring

The third ground requires that the standards were communicated at engagement. If they were not, the employee is generally deemed regular. Working beyond six months (without a valid extension) makes the employee regular by operation of law.

Practical Takeaways

Frequently Asked Questions

How long can probationary employment last? Generally not more than six months from the date the employee started working, unless a longer period is set by an apprenticeship agreement or required by the nature of the work.

On what grounds can a probationary employee be terminated? For the same just or authorized causes as a regular employee, and additionally for failure to qualify as a regular employee in accordance with reasonable standards made known at the time of engagement.

What if the employer never told me the standards for regularization? You are generally deemed a regular employee. The reasonable standards must be communicated at the time of hiring; otherwise, you cannot be dismissed for failing standards you were never told about.

What happens if I work beyond six months on probation? A probationary employee allowed to work beyond the six-month probationary period, absent a valid extension, becomes a regular employee by operation of law.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.