Probationary employment in the Philippines generally may not exceed six months from the date the employee started working, unless a longer period is justified by an apprenticeship agreement or the nature of the work. The employer must inform the employee of the standards for becoming regular at the time of engagement; if it does not, the employee is deemed a regular employee. A probationary employee who is allowed to work beyond six months becomes regular, and even during probation an employee can be dismissed only for a just cause or failure to meet the communicated standards, with due process.
“You’re still on probation, so we can let you go anytime” is one of the most common — and most legally wrong — things Filipino workers are told. Probationary employees have real protections, and employers who ignore them create illegal dismissals.
The Six-Month Limit
Under the Labor Code, 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, or the nature of the work reasonably requires more time. The six months are counted from actual start of work. An employer cannot indefinitely extend probation to avoid regularizing a worker.
The Standards Must Be Communicated at the Start
This is the rule employers most often break. The law requires that the employer make known to the employee, at the time of engagement, the standards by which they will be judged for regularization. If the employer fails to communicate these standards when the employee is hired, the law treats the worker as a regular employee from the beginning, not a probationary one. A vague “we’ll see how you do” is not enough; the reasonable standards must be conveyed.
When Probation Becomes Regular
Regularization can happen two ways:
- By lapse of time. An employee allowed to work after the six-month probationary period becomes a regular employee, entitled to security of tenure. Letting a probationary worker continue past six months, even by a few days, generally regularizes them.
- By meeting the standards before the period ends, or by the employer’s conduct treating them as regular.
A Probationary Employee Can Still Be Illegally Dismissed
Probation is not a licence to fire at will. A probationary employee may be terminated only:
- For a just cause (serious misconduct and the like) or an authorized cause; or
- For failure to qualify as a regular employee in accordance with the reasonable standards made known at engagement.
And even then, due process applies — the employee must be told why they failed and given a fair chance. A probationary worker dismissed for no communicated reason, or without the standards ever having been set, has been illegally dismissed, with the same remedies (reinstatement and back wages) as a regular employee.
Practical Advice
- Employees: keep your appointment letter and any document stating your evaluation standards. If none were ever given, you may already be regular. If you were let go near the end of probation with no explanation, that may be illegal.
- Employers: put the regularization standards in writing at hiring, evaluate against them, document performance, observe due process, and decide before the six months lapse — a day too late means a regular employee.
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 justified by an apprenticeship agreement or the nature of the work.
What happens if the employer did not tell me the standards for becoming regular? You are deemed a regular employee. The law requires the employer to communicate the regularization standards at the time of engagement, and failure to do so makes you regular from the start.
Do I become regular if I work past six months? Yes. An employee allowed to work after the six-month probationary period becomes a regular employee with security of tenure, even if the employer never formally regularized you.
Can a probationary employee be dismissed anytime? No. A probationary employee can be dismissed only for a just or authorized cause, or for failing to meet the reasonable standards communicated at hiring, and due process applies. Otherwise it is illegal dismissal.
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 were let go as a probationary employee and suspect it was unfair, our firm can assess whether it was an illegal dismissal. 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.