Probation in the Philippines: Your Rights During the First 6 Months

Starting a new job is exciting, but for most Filipino workers the first six months come with a catch: you are on probation. During this period your employer is evaluating whether you meet the standards for the role. The good news is that Philippine labor law gives you real protections even during probation. Understanding these rights can mean the difference between being unfairly let go and being regularized on time.

How long can probation last?

Under Article 296 of the Labor Code, probationary employment cannot exceed six months from the date you start working. There is no legal basis for extending probation beyond this period. Some employers use terms like "extended evaluation" or "performance review period" to push probation past six months. This is not allowed. Once you have worked continuously for six months, you should be considered a regular employee by operation of law.

Your employer must tell you the standards upfront

This is one of the most important rules in probationary employment, and the one most often violated. The Supreme Court has ruled in multiple cases — including Aliling v. Feliciano and Abbott Laboratories v. Alcaraz — that the employer must communicate the reasonable standards for regularization to the employee at the time of engagement. That means before or on your first day of work, you should know exactly what you need to achieve to pass probation. If your employer never told you what the standards were, you have strong legal grounds to claim regular status from day one.

What happens if standards are not communicated?

If your employer fails to inform you of the regularization standards at the start of your employment, the law treats you as a regular employee from the beginning. This is not a technicality — it is a well-established legal principle. The logic is straightforward: you cannot fairly be judged against standards you were never told about. If you are later terminated for "failing probation" but were never given clear criteria, you may file a complaint for illegal dismissal.

Can you be fired during probation?

Yes, but only under specific conditions. An employer can terminate a probationary employee for just cause (such as serious misconduct, fraud, or gross neglect of duty) or for failure to qualify under the reasonable standards that were made known at the time of hiring. The employer cannot simply say "it did not work out" without pointing to specific standards that were communicated and that you failed to meet. If you are terminated without just cause and without reference to pre-communicated standards, that termination is likely illegal.

Your rights as a probationary employee

Probationary employees are entitled to the same basic labor standards as regular employees. This includes minimum wage, overtime pay, holiday pay, 13th month pay, SSS, PhilHealth, and Pag-IBIG contributions. You are also protected against illegal dismissal. The only difference is that your employer has the right to assess your fitness for regularization — but that right has limits, as described above. You are not a second-class worker during probation.

What to do if you are not regularized after six months

If you continue working past the six-month mark without receiving a notice of termination or a regularization letter, you are deemed a regular employee by law. Your employer cannot retroactively extend your probation or terminate you after six months by claiming you were still probationary. If this happens to you, document your start date, keep your employment records, and consider filing a complaint with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC).

Check your contract with PlainDoc

Not sure if your probation terms are legal? Upload your employment contract to PlainDoc. Our AI will check whether your probation period exceeds six months, whether regularization standards are clearly stated, and whether any clause violates your rights under the Labor Code — all in about 30 seconds.