Probationary employment is a trial period during which the employer determines whether the employee qualifies for regular employment, and it generally cannot exceed six months from the date the employee started working, unless a longer period is established by an apprenticeship agreement or required by the nature of the work. Regularization, the acquisition of regular employee status, happens in a few ways. First, and most clearly, an employee who is allowed to work beyond the probationary period without a valid extension is considered a regular employee by operation of law; if the employer keeps the employee working past six months, the law deems them regularized, regardless of the absence of a formal appointment as regular. Second, a probationary employee who satisfactorily meets the reasonable standards for regularization that were made known to them at the time of engagement is entitled to become regular upon the successful completion of the probationary period; the employer's failure to inform the employee of the standards at the start generally results in the employee being deemed a regular employee from day one. Third, one who is engaged to perform work usually necessary or desirable in the usual business of the employer, without being validly placed on probation or a fixed term, is a regular employee from the beginning. The significance of regularization is security of tenure: a regular employee can be dismissed only for a just or authorized cause and with due process, unlike a probationary employee who may also be let go for failing to meet the standards. So a probationary employee becomes a regular employee by working beyond six months, by meeting the standards communicated at hiring, or where the probation was invalid, and regularization brings full security of tenure.
Probation Is a Trial Period
Probationary employment is a trial period, generally up to six months, to determine fitness for regular employment.
How Regularization Happens
- Working beyond six months without a valid extension = regular by operation of law;
- Meeting the standards made known at hiring = regular on completing probation;
- Undisclosed standards = deemed regular from day one; and
- Doing necessary/desirable work without valid probation = regular from the start.
Why It Matters: Security of Tenure
A regular employee can be dismissed only for a just or authorized cause with due process — unlike a probationary employee, who may also be let go for failing the standards.
Practical Takeaways
- Working past six months makes you regular;
- Undisclosed standards mean you were regular all along;
- Regularization brings full security of tenure.
Frequently Asked Questions
When does a probationary employee become regular? When allowed to work beyond the six-month probationary period without a valid extension, when they meet the reasonable standards made known at hiring, or where the probation was invalid, such as when standards were never communicated.
What happens if I work beyond six months on probation? You are considered a regular employee by operation of law, regardless of the absence of a formal appointment as regular, unless a valid longer period was established.
What if the employer never told me the standards for regularization? You are generally deemed a regular employee from the start, because the reasonable standards must be made known at the time of engagement for the employer to rely on them.
Why does regularization matter? Because a regular employee enjoys security of tenure and can be dismissed only for a just or authorized cause with due process, giving greater job protection than probationary status.
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.
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