Probationary employees and Due process in termination
What is a probationary employee?
A probationary employee is provided for in Article 281 of the Labor Code of the Philippines:
Art. 281. Probationary employment. 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. The services of an employee who has been engaged on a probationary basis 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. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Probationary employment allows you to assess an employee’s fitness for a job
The Supreme Court has elaborated on what it means to be a probationary employee:
A probationary employee, as understood under Article 282 (now Article 281) of the Labor Code, is one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment. A probationary appointment is made to afford the employer an opportunity to observe the fitness of a probationer while at work, and to ascertain whether he will become a proper and efficient employee. The word probationary, as used to describe the period of employment, implies the purpose of the term or period but not its length.
Being in the nature of a trial period the essence of a probationary period of employment fundamentally lies in the purpose or objective sought to be attained by both the employer and the employee during said period. The length of time is immaterial in determining the correlative rights of both in dealing with each other during said period. While the employer, as stated earlier, observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer, on the other, seeks to prove to the employer, that he has the qualifications to meet the reasonable standards for permanent employment.
It is well settled that the employer has the right or is at liberty to choose who will be hired and who will be denied employment. In that sense, it is within the exercise of the right to select his employees that the employer may set or fix a probationary period within which the latter may test and observe the conduct of the former before hiring him permanently.[1]
Steps for Employers in the Termination Process
1. Set Clear Standards: At the outset of employment, it is crucial to clearly outline the performance standards expected for the transition to permanent status and these must be explained to the employee.
It’s important that clear standards for performance are set.
What is the employee being evaluated on?
How is he measured?
It is also important to make sure that the standards are communicated well – either through discussion or some other way that ensures that the employee understands these standards well.
2. Document Performance Issues: Maintain comprehensive records of all discussions or evaluations related to performance throughout the probationary period.
The documents should be complete and show that the standards were communicated.
The documents should also show that the employee was evaluated according to these standards.
Having good documentation is important.
3. Provide Written Notice: If termination arises from failure to meet standards, ensure a written notice is provided within a reasonable timeframe, articulating the reasons for the decision.
Although most other terminations follow the twin notice rule, termination of probationary employment due to performance only requires the presentation of a written notice.
The above 3 recommendations are closely linked to the common mistakes employers make, which is basically that they do not follow the above.
These mistakes are that they:
• Inadequately document performance issues.
• Fail to clearly communicate standards at the beginning of employment.
• Neglect internal policies concerning employee evaluations and terminations.
• Fail to send a written notice of termination of probationary employment.
Employee Rights During Termination
Probationary employees are entitled to certain rights under Philippine labor law, which include:
• The right to be informed about the performance standards at the start of their employment.
• The right to receive a written notice detailing the reasons for termination if they do not meet the established standards.
• The right to contest an unjust dismissal through the appropriate channels if they believe due process was not observed.
These rights are fairly straightforward.
If you are going to be evaluated, what is the basis for the evaluation?
Is it clear to you why your performance did not attain the performance objectives?
And of course, if there is something that you feel was not properly done, then the ability to contest it is there.
What is the correct legal procedure for terminating a probationary employee?
The scenario is of an employee who has not yet been regularized. If, before the end of the probationary period, the employer determines that the employee is not qualified for permanent employment, how is his employment terminated in accordance with legal due process?
You need to discuss with a probationary employee how you will evalute his work for permanent employment.
The process actually begins early in the employment of the probationary employee. It begins with informing the new hire of the standards by which he is to be judged during the probationary period. The Supreme Court discusses this in Mercado vs. AMA Computer College-Paranaque City, Inc., G.R. No. 183572, April 13, 2010, 618 SCRA 218:
Labor, for its part, is given the protection during the probationary period of knowing the company standards the new hires have to meet during the probationary period, and to be judged on the basis of these standards, aside from the usual standards applicable to employees after they achieve permanent status. Under the terms of the Labor Code, these standards should be made known to the [employees] on probationary status at the start of their probationary period, or xxx during which the probationary standards are to be applied. Of critical importance in invoking a failure to meet the probationary standards, is that the [employer] should show as a matter of due process how these standards have been applied. This is effectively the second notice in a dismissal situation that the law requires as a due process guarantee supporting the security of tenure provision, and is in furtherance, too, of the basic rule in employee dismissal that the employer carries the burden of justifying a dismissal. These rules ensure compliance with the limited security of tenure guarantee the law extends to probationary employees.
Whereas a regular employee is typically entitled to the two-notice requirement[2] for his employment to be terminated due to just cause, the process is different in the case of a probationary employee dismissed because of his failure to qualify as a regular employee in accordance with reasonable standards made known to him at the time of engagement.
You can dismiss a probationary employee without notice or hearing because this is a trial period.
In the case of Philippine Daily Inquirer vs. Leon M. Magtibay, Jr., G.R. No. 164532, July 24, 2007, the Supreme Court ruled that such a dismissal
… does not require notice and hearing. Due process of law for this second ground consists of making the reasonable standards expected of the employee during his probationary period known to him at the time of his probationary employment. By the very nature of a probationary employment, the employee knows from the very start that he will be under close observation and his performance of his assigned duties and functions would be under continuous scrutiny by his superiors. It is in apprising him of the standards against which his performance shall be continuously assessed where due process regarding the second ground lies, and not in notice and hearing as in the case of the first ground.
Due process for a probationary employee consists in having informed him of the standards against which his performance will be continuously assessed during the probationary period.
If the work of your probationary employee is found to be unsatisfactory, you’ll need to serve him a written notice.
These work standards should be understood at the time of his engagement and then, if he fails to meet these standards, a written notice is served to the him by the employer within a reasonable time from the effective date of termination.[3]
In all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee.[4]
The two notice rule doesn’t apply if a probationary employee is dismissed for poor work quality.
This was upheld in Abott Laboratories vs. Alcaraz, G.R. No. 192571, July 23, 2013:
A different procedure is applied when terminating a probationary employee; the usual two-notice rule does not govern. Section 2, Rule I, Book VI of the Implementing Rules of the Labor Code states that “if the termination is brought about by the x x x failure of an employee to meet the standards of the employer in case of probationary employment, it shall be sufficient that a written notice is served the employee, within a reasonable time from the effective date of termination.”
While affirming that the two-notice rule does not apply to probationary employees who are terminated for failure to meet the employer’s standards, Abott Laboratories also cautions employers to comply with their own internal procedure in evaluating the performance of a probationary employee. These policies are often found in the company handbooks and in office memoranda circulated to the employees. The reason is that company personnel policies create a contractual obligation on the part of both the employee and the employer to abide by the same.
Note that the reason for terminating a probationary employee seems to make a difference to the Court. The two-notice rule does not apply to probationary employees terminated because of failure to meet the reasonable standards made known to them at the time of engagement. However, it still appears to be a requirement for probationary employees terminated because of just cause.[5] It is thus important that the grounds for termination are made clear during the termination, and that documentation be meticulous throughout the process.
[1] International Catholic Migration Commission v. NLRC, G.R. No. 72222, January 30, 1989, 169 SCRA 606.
[2] The first written notice should be served on the employee and contain the specific grounds for termination against him, along with a directive that the employee is given at least 5 days to submit his written explanation for why he should not be terminated. The employer should also set a conference or hearing in which the employee will be given the opportunity to explain and present evidence on his behalf.
If termination is found justified after these, the employer should serve a second written notice on employee which shows that all the circumstances involving the charge against have been considered and that the grounds have been established to justify the termination of employment.
[3] Philippine Daily Inquirer vs. Leon M. Magtibay, Jr., G.R. No. 164532, July 24, 2007
[4] Section 6(d) of the Implementing Rules of Book VI, Rule VIII-A of the Labor Code cited in Aliling vs. Feliciano, G.R. No. 185829, April 25, 2012
[5] Art. 282. Termination by employer. An employer may terminate an employment for any of the following [just] causes:
- Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
- Gross and habitual neglect by the employee of his duties;
- Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
- Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
- Other causes analogous to the foregoing.
cf Philippine Daily Inquirer vs. Magtibay, ibid, for termination of a probationary employee for just cause.
Frequently Asked Questions (FAQs)
1. Can an employer terminate a probationary employee without prior notice?
Yes, if the termination is based on the failure to meet established standards that were communicated at the time of hiring.
2. What should an employer do if they want to extend a probation period?
It is generally best to stick to 6 months probationary employment.
3. What are some just causes for terminating a probationary employee?
Just causes can encompass serious misconduct, gross negligence of duties, or failure to achieve satisfactory performance standards.
4. Are probationary employees entitled to SSS?
Yes, probationary employees are entitled to the same statutory benefits as regular employees.
hello!
I just want to ask, we have one employee who will end up his probationary period in 24th of this month. The company decided to reconstruct, meaning there will be positions that need to change or removed. Unfortunately, the his position will be one to be replaced or remove. Is this a valid ground for non-regularization? Also, company will still give his final pay and 13th month on his final day. Or is it possible to have this non-regularization take effect on the following year given the humanitarian side for this yuletide season?
Please advise po,
Thank you,
Hello. If the company is undergoing restructuring and the employee’s position will be removed or replaced, this is generally considered a valid ground for non-regularization, since the role itself will no longer exist. Even if the employee is not regularized, the company must still provide all standard final pay and 13th month pay. Regarding delaying the effectivity until next year for humanitarian reasons, this is possible only if the employee agrees and signs a formal probation extension.
Can an employer prevent a probationary employee from leaving (resigning) if he/she decides not to continue with her/his regularization? Can he/she be forced to sign a non-compete agreement although she / he is a probationary employee? Thank you.
An employer cannot legally prevent a probationary employee from resigning, nor compel to sign a non-complete agreement.
Hello. I am currently on my probationary period, nearing five months, and have decided to resign. My line manager has accepted my resignation, and I requested to be released within the 30-calendar-day notice period. However, the company/HR has advised against this, stating that, as a managerial-level employee, I am required to serve a 60-day notice as per my contract.
Is this acceptable? Thank you.
Under the Labor code law, 30-day notice is the standard timeline of an employee must serve who wish to resign without cause. This rule applies to all employee, including those on probationary. In your case, you are required to serve 60-day clause as stated in your contract. If you signed the contract, you acknowledged and agree that the employees at the managerial level (which you at right now) are required to serve that time period, then yes, this is legally acceptable and binding.
Is there an exception to the general rule that probationary employees are not entitled to the twin-notice rule?
Yes, there is, if the probationary employee terminated due to failure to meet reasonable standards made known at the time of hiring.
We have an employee that has been with the company for 2 months, during the employee’s tenure, she had several offenses already – some are terminal offense based on our code of conduct plus her performance does not meet company standards. When we serve her notice of non regularization, are we required to follow the 30 days for her end date? Thank you in advance po.
Hello, to answer your question, a 30-day notice is not mandatory for a probationary employee. However, you must provide reasonable notice before the end of the probationary period and clearly state the grounds for non-regularization.
A probationary employee slept during shift (not intentional) but on the code and conduct it’s not for termination but rather it’s for 5-10 days suspension. There was an HR-Employee-Manager hearing made but suddenly the manager told the employee that her probationary will end on her 5th month with 1 month vacation leave because she failed 5th month evalution, but the Manager refused to hand the employee her 5th month evaluation paper result which only evaluates employee’s overall performance for the past 5 months. Is that legal? Even the code of conduct stated its only 5-10 days suspension? They’re trying to terminate the employee in other way by failing with the 5th month evaluation which employee was refused to see her evaluated result
Thanks
Hello, this situation raises serious concern. The manager’s refusal to release the evaluation result, the deviation from Code of Conduct , and the questionable termination of the employee may constitute a violation of due process and fairness under the Labor code. It would be wise to seek legal counsel. You can book a consultation with our senior lawyer for Php 2,500 per 30 minutes. Our lawyer will help assess whether the termination was lawful and assist in filing complaint with the DOLE if necessary.
Good day!
I am a probationary employee who was recently terminated, and I believe the process may have been unjust and lacking due process.
For context, I was evaluated for my 5th/6th month performance on the same day I was informed that it would be my last day. That was also the first time I learned that the required passing rate for regularization was 1.65 (A+), which I did not meet.
No specific performance metrics were communicated to me before or during my employment. My contract only stated that I must meet the “standards set by the company,” which I find vague. Meanwhile, the company policy states that termination should only occur after due notice and investigation for reasons such as unsatisfactory performance or rule violations— neither of which were properly observed in my case.
I believe this situation is similar to Abbott vs. Alcaraz, where the employer failed to follow its own internal procedures.
Given these circumstances, do I have valid grounds to file an illegal dismissal case?
Thank you for your time and assistance.
Hello, thank you for sharing your story with us. To address your concern, yes, you may have a valid ground to file an illegal dismissal case against your employee. In your case, you were only informed of the required passing rate on the day of the termination, which violates the requirement that standards be made known to you at the time of hiring. The contract phrase “standards set by the company” is too vague to justify termination. Also, you observed that the due motive and investigation was not properly observed. Lastly, you were terminated on the same day or evaluation, without prior feedback or warning. You can use these grounds to file a complaint with the National Labor Relations Commission or DOLE. The necessary things you do is to gather documents to support your argument such as contact, company policy manual etc. It is best also to consult a lawyer to guide you through the process and potential legal remedies. You may book a consultation with us for only PHP 2,500 pesos per 30-minutes or directly email us at admin@lawyerphilippines for more inquiries and concern.
If resigned probationary employee are you entitled to backpay even if you don’t work anymore for the period eg 30days?
Yes, a resigned probationary employee is entitled to final pay but only for the actual days worked.
Can an employer terminate a contract for an employee who is more than 5 months without probationary evaluation?
Yes, an employer can terminate the contract, provided that the termination is based on just or authorized cause and follows dues process.
I was hired June 30, 2025 by a foreign national who managed a local company without DOLE permit. Early July 2025, he immediately flew back to Texas, USA after a DOLE inspection yet continued to issue directives remotely. In Aug 21, 2025, HR notified me of a sudden evaluation and on same afternoon, HR served me the evaluation and termination at the same time without notice to explain or without any opportunity to be heard. The evaluation was biased, unreliable, and factually inconsistent. It accused me of “delegating responsibilities” even though I had no subordinates. Alleged delays were caused not by negligence but by recurring PayrollHero system errors (acknowledged by the HR Manager, who also entered and resolved attendance himself) and repeated IT malfunctions that caused workstation failures and file loss. Despite these challenges, I consistently submitted payrolls and compliance reports on time.
No probationary standards were ever disclosed at hiring. In fact, the company handbook was only shown to me by the Senior General Accountant a week before termination via Google Meet, making it unfair and arbitrary to use as basis for evaluation.
It is also material to note that Mr. Robinsons, a U.S. national, has been actively directing company operations –including hiring and termination–without proper authority or DOLE permit to manage in the Philippines. He did not appear during DOLE’s inspection in July 2025 and immediately returned to Texas afterward, yet continued to issue directives remotely.
This situation constitutes illegal dismissal but demonstrates serious procedural and substantive defects.
Can I file or raise my case to NLRC. Please advise.
Thank you
Hello, we will be sending an email about your concern. Please check your inbox. Thank you
can a company or a foreign gm ask for a resignation without no evaluation of probationary and tells that you did not pass the probationary? even your position is 2nd to the gm?
Hello, yes as long as the employee is terminated for just cause or failure to meet reasonable standards that were clearly communicated at the time of hiring.
Can an employer serve NTE for performance if no coaching documentation of the previous months performance?
We would need to assess. Please send an email to admin@lawyerphilippines.org
Hello. We are in the process of terminating a probationary employee, a Sales Lead Manager at that, with the reason of non-profitability and performance concerns. On-Board company policy was issued, explained and was signed by the employee. We gave him his mid term evaluation on the 3rd month and decided to terminate him 2 days later with a written notice of non-regularization. Will this suffice or do we need to send a NTE before the termination letter?
Yes, your current process for termination may suffice based on failure to meet performances standards during probation period but only is due process was observed. A notice to explain is generally required for disciplinary cases, but not always for non-regularization due to poor performances.
I am a probationary employee, and my employer has not provided me with a payslip for my first four months of work. They also do not deduct SSS, Pag-IBIG, PhilHealth, or taxes, claiming that these deductions are not required for probationary employees. I would like to clarify whether this is correct and what law or regulation I can refer to for validation.
Under Philippine law, probationary employees are entitled to payslips and are subject to mandatory government deductions just like regular employees. If your employer refuses to comply, you may file a complaint with the Department of Labor and Employment (DOLE). ensure that you have sufficient document to support your claim.
Hi we want to dismiss probationary employee due to poor performance. should we give him notice for 30 days? or can we make it 10 days?
As discussed in this article, 10 days is probably more than adequate.
Hi!, is it right to terminate an employee on the spot without prior notice when he/she is in an indefinite term with an employer?
We don’t have enough information to say, but note that a probationary employee is not subject to the two notice rule.
We have a probationary employee who has poor work performance, committed several offense and the very recent one was subject to dismissal. Can we just to dismiss the probi employee because of the grave offense or do we still need the supporting documents not to continue with his probi period? Thank you.
He could be dismissed for just cause like any other employee or more immediately for having failed to meet the standards of employment made known to him.
Hi, i just want to ask. Does the company have the right to hold my salary when I give my resignation letter before my salary comes? I am still in probation period.
It is generally entitled to hold until your clearances are completed.
Hi.Is it allowed to dismissed regular employee for 30 days? While the investigation is on process?
An employee can be placed on preventive suspension for that amount of time.
it is legal to extend probationary period?
It can be possible provided that the employee agrees. It is good practice that the agreement should be in writing.
Hello, I’ve been in the company for 4 months under probationary period. My managers don’t like me from the very start. I don’t have lates or absences. After one month the general manager put me on another department because she is happy with my work then after 2 months she transferred me again to another department again without any contract or increase in salary. 3rd month she moved me to another department with a difficult task and she said that she is very confident that I will be able to learned everything in 1 week. I failed to meet her expectation because in 1 month I am still asking questions and assistance to my colleagues. Then heres the 3 month performance assessment. Based on the comments I failed due to frequently asking questions after 1 month of training on the new department and one of my colleague inform the manager that I am only sleeping at work which is not true and they don’t have proof. They call me on a meeting today and told me that I am terminated effective immediately. They don’t give me prior notice, no warnings or coaching. They did not give me chance to explain at all. Is it ok for the company to do that because I am just on probationary?
Hi. We appreciate the time and effort you took to share your story. Based on the information you provided, your termination appears to be illegal, as there was no prior notice and the dismissal was unjust. In this case, you may file a complaint for illegal dismissal with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC).
Additionally, you may consult a labor lawyer who can guide you on the proper legal steps to take. You may book a consultation with us for only PHP 2,500 per 30 minutes, either online or in person. You can email us directly at admin@lawyerphilippines.org.
Can employer extend the 6 months probationary period? If yes what is the proper procedure? Thanks
This should be explained to the employee in writing and the employee should first agree.
Hello. In the event that during the probationary period, the employee got caught in an accident that left him unable to be at work for a week or two. Does the employer have the right to end their contract? If no, what would be the next step the employee should do?
An employer cannot lawfully terminate a probationary employee solely due to absence caused by an accident. under the labor law, an employee can only be terminated for just cause, authorized cause, and failure to meet reasonable performances standards. For now, what you can do is to make a request letter from your employer of a written explanation stating the reason of explanation.
I just wanna ask if how will I know if my company is legally operating? I had a colleague that stole money from our company and they tried to file a case. The authorities ask them for requirements to file a case but they failed to show any. Btw, we are on retail company and we are using bond paper as our official reciept. Thank you!
The SEC or DTI and the BIR registration information of the company, or their absence, would show whether or not it is legally existent and operating.
Can the employer terminate the employee who’s in probationary period even if he or she passed the performance evaluation given by her immediate supervisor?
While probationary employees have fewer protections than regular ones, an employer cannot terminate a probationary employee without a valid reason. The law requires that termination be based on just cause or failure to meet reasonable standards that were communicated at the start of employment.
Hello! I just want to seek clarity on the 180 days probationary period. Are weekends counted or are we counting the actual worked days of an employee?
Yes, the probationary period counts the weekends. The Supreme Court has counted the 180 day probationary period as calendar days.
Note, however, that the recent pandemic has excluded periods such as those falling under ECQ from the tolling of the probationary period.
Hi Atty. Francesco,
I already signed a regularization contract and it has been approved by HR manager. Does this mean, I am already a regular employee or do I have to wait until 180 days?
You can be regularized earlier than the 6 months provided in the law if the company chooses.
Hi, my probationary employment was terminated on the 5th month but not because I did not meet the company’s standards but because of COVID 19 Pandemic. Additionally, I did not receive my worked from home (WFH) for 1 and half month plus my separation (or last pay) and it is already 1 and half month now since I was terminated and almost 1 month since I completed my exit clearance.
I also observed also that my other colleagues has previously resigned and 4 months now they did not receive their last pay. May I know the legal period of receiving the last salary and separation pay?
Thank you.
Probationary employees are generally not entitled to separation pay because they will not have met the minimum 6 month period for this.
Hi I just want to verify is it just if I was terminated directly last thursday verbally no notice or leeter and reason base on manager is for my attendance? I have do not have any delayed projects, we are WFH set-up mostly practice is if we have personal things to do outside of work I will offset or work later on at adifferent time. It is actually what the manager is doing also. Please help If their actions did not abused my rights. Rhank you
Hello, thank you for reaching out. To address your concern, our senior lawyer will assist you with the legal action you may take. You may book a consultation either online or in person for only PHP 2,500 per 30-minute session. Contact details can be found in the website’s contact section. Thank you!
Sir,
You mentioned about “It is best that these assessments are documented beforehand, but the company has broad management prerogatives in this regard, especially during the probationary period.”
Would coaching logs be an ample evidence of the assessments given to him beforehand?
Thank you.
Are your Coaching log formal sessions where he receives feedback on his performance?
Do they have performance measurements that were made clear to the employee?
What is your other documentation?
This can certainly help but it really does depend on the situation. More information is needed to comment completely.
hello! i am a probi employee who recently didn’t pass my probation period. they extend it to 1 week. then we conducted a vmeeting (monday) saying that i only have 5 days to work (until friday), its so saddens to hear that may 26 is my 6month period, but they terminate me. does it still count to be regular if it reaches more than 180 days? can i still ask them to extend it? because for me, their reasons to terminate me is so shallow. it can still be adjusted along the way. i just wanted to clear things out. i have so much to ask can you help. firs time employee
What you can do is to request a written explanation of the termination and the evaluation criteria from your employment agencies. If you believe that your right was violated, you may consult DOLE or a labor lawyer to assess if your termination violates labor laws.
What if the probationary employee doesn’t ‘t want to accept the result of her performance evaluation which is below average. She doesn’t t want to sign and accept the letter.
Hello. I believe I have already answered your inquiry.
What if the probationary employee doesn’t ‘t want to accept the result of her performance evaluation which is below average. She doesn’t t want to sign and accept the letter.
Hello. It is best to document the refusal. this protects the company from future complaints. An employer may allow the employee to write his or her explanation of refusal. On the other hand, you may proceed with the company’s probation policy whether to extent, provide another performance improvement plan, or decide not to regularize.
Is it lawful to have an employee work on his 180th day of probationationary employment and terminate him (after his shift) on the grounds of failure to meet company’s standards? Further, Is it justifiable (for example) if the employee only failed one out of the six standards discussed during orientation? I am a new HR practioner and need of some guidance. Thank you for your help.
Sent you an email.
Please enlightened , i signed the contract Feb 7 and got dismissal notice on July 16 stating that my termination was effective July 17. I was not given any evaluation during the first 5months . Is there a lawful procedure or at least a minimum day of notice for the termination?
Hello sir, my employer issued me a EOC / Termination letter. and Im on my 3rd month probationary. Can I request them for an extension of my probationary? And to whom will I address that? My direct reporting manager / HR / Company Management?
Please do help me I badly need your help. Thank you
This really would depend on the particular organizational set up of your company.
Hi,
Do employers need to notify ahead of time (before the 180 days of the employees probationary status) an employee, in writing, that he/she will be extending for another 60 days on his probation period? In the employees contract i is stipulated that “employees need to extend another 60 days” if he/she failed to meet the requirements. And what if the employer failed to inform the employee on or before the 180 days regarding the need of the employee to extending on his/her probation period? Thank you
He may have become regularized if the probationary extension was not done. This does depend on the particulars.
Hi,
Apparently, I was hired as a probationary employee per my contract. However, I was not briefed of the qualities or standards to be a regular employee from the time of my initial engagement, furthermore, I was not evaluated of my performance until my employer served my termination letter. In my termination letter, it states two things: 1. I failed to meet the standards to be a regular employee 2. Loss of Trust and confidence. (I hold a managerial position). For the first one, I argued that Month over month, I receive recognition as Top Manager consistently besting other seasoned managers. I asked them what standards did I fail, also considering I was not given a copy of their Employee Handbook / Company Policies or Company code of conduct, however, no answers were provided by HR nor my immediate superior and kept saying that it’s just the prerogative of the company. For the 2nd reason, there were allegations of fraud and disclosing some confidential information that they charged me. I asked for a hearing and be given due process to defend my side regarding this unfounded accusations. They told me, the twin notice is just applicable for regular employees, hence my Termination Letter was given to me and I was separated the same day. This happened within the 6 month probationary period.
Questions: 1. Given the fact i was not informed of the standards to be a regular employee and I was never evaluated of my work, am I already considered as a regular employee? 2. Can this be considered as Illegal dismissal? Saying, without admitting, I am still a probationary employee, they charged me of Loss of Trust and Confidence, which is a just cause for termination, is a probationary employee not entitled of notice and hearing?
Thanks in advance for answering my questions.
this is an illegal termination…
Probationary employees are entitled to certain rights under Philippine labor law, which include:
• The right to be informed about the performance standards at the start of their employment.
• The right to receive a written notice detailing the reasons for termination if they do not meet the established standards.
• The right to contest an unjust dismissal through the appropriate channels if they believe due process was not observed.
These rights are fairly straightforward.
If you are going to be evaluated, what is the basis for the evaluation?
Is it clear to you why your performance did not attain the performance objectives?
And of course, if there is something that you feel was not properly done, then the ability to contest it is there.
Can you please help enlighten?
Same question as the above: “what will be the charges or cases that can sue or file by a probationary employee against to our company if the company forgot to prepare or don’t have warning letter / NTE before issuing a termination notice?”
Probitionary employees wa terminated because of poor performance (sales and attendance kpi).
Procedural requirements for the dismissal of probationary employees are as above. It is still wise to appraise them of their performance but the two notice rule does not apply.
I been working for 6years under agency and been probitionary last may 28 2018 but during this period my boss always saying he will terminate me insulting me in front of other employee.and then last october they give me the evaluation form which is i expected “bagsak”not passed the company qualification.i ask if i still have the right to fight or rather quiet..
Goo day Sir/Ma’am. We have a probationary employee who we are about terminate because he is not wiling to take a shift schedule of work (As DRiver) his reason is because it is ruining his daily schedule.
Would this be enough grounds for us to end his probationary employment?
Please enlighten. Thank you
The Supreme Court has consistently recognized and upheld the prerogative of management to transfer an employee from one office to another within the business establishment, provided there is no demotion in rank or a diminution of salary, benefits and other privileges. As a rule, the Court will not interfere with an employer’s prerogative to regulate all aspects of employment which include among others, work assignment, working methods and place and manner of work. Labor laws discourage interference with an employers judgment in the conduct of his business.
On the specific question of shift schedules, the case of Castillo vs. NLRC, G.R. No. 104319. June 17, 1999 may be referred to:
“The employer has the prerogative of making transfers and reassignment of employees to meet the requirements of the business. Thus, where the rotation of employees from the day shift to the night shift was a standard operating procedure of management, an employee who had been on the day shift for some time may be transferred to the night shift.”
Hi, I am under an engineering company (new job). During my first day, my supervisor told me that all employees are project based and when the project is done then our contract will end up also. My question is, does a project based employee has the right to avail the benefits such leave, SL and others?
Is it legal to terminate / early end the probationary employment of an employee with the company due to 1). Unsatisfactory performance 2). Loss of confidence because of the aforementioned reasons? On the other hand, even he failed to meet our requirement,he is still entitled to be paid for his work done on the period of September 16-29, 2018.
Yes. See above comment. It is best that these assessments are documented beforehand, but the company has broad management prerogatives in this regard, especially during the probationary period.
The employee is entitled to be paid for the work he has done.
This is my first time to learn these things as junior manager. One last question (promise), what will be the charges or cases that can sue or file by a probationary employee against to our company if the company forgot to prepare or don’t have warning letter / NTE before issuing a termination notice?
Again, I appreciate your time for answering my questions on this matter. This information is very helpful for my new career. Thank you Lawyers In The Philippines!
Sent you an email.
We have probationary period employee, unfortunately we are not satisfied with his poor performance as he had some absences or suddenly missing during critical days of our operation due to his personal reasons. As such we gave him a notice of termination that his last day will be on this coming weekend as we are not satisfied and not confident that he can perform his responsibilities. We would like to ask if it’s legal to end his probationary period even though it still in his 4th -5th month of his probationary period?
It is legal to end employment earlier in the probationary period. A probationary employee is employed on trial by an employer. The employer determines whether or not he is qualified for permanent employment. A probationary appointment gives the employer an opportunity to observe the fitness of a probationer while at work, and to ascertain whether he would be a proper and efficient employee. The Supreme Court has sustained a dismissal only one month into the probationary period provided that there is basis for the employer’s assessment. [Canadian Opportunities Unlimited, Inc. vs. Dalangin, 2012]
Thank you so much for the info Lawyers in the Philippines
Btw Sir/Ma’am. One more question here. Do we still need to prepare a written warning, memo, or notice to explain regarding his poor performance before delivering to him the notice of early termination of his/her probationary contract with the company? Is it required? Thank you again for your response and additional info.
The law does not strictly require this, but it is often prudent to do so in order to document the bases for termination.
My Manager told me that I might be terminated because of my poor performance, on one account that I am handling (1 out 6 accounts) . I have documented positive feedback that I have received on the other accounts I am handling & has no attendance or behavioral issue. The coaching session is also not documented, no coaching feedback form no NTE has been provided and did not sign anything. Also, I noticed that before I joined there are four employees that has been terminated and resigned due to an overwhelming load of work. I feel that the decision is not fair, can I appeal for a due process?
Yes, you can and should appeal for due process. under the law, termination must follow strict requirements. Employers cannot simply terminate an employee without observing procedural due process and substantive just cause.
Hi i am already 7 months in this company, the last contract i signed was when i am starting saying that iam in a probationary period. But until now i havent signed any contract… and there is a co worker of mine that is hitting on me saying that i will never be regularized because of her issues with me… shes using this evaluation she made of my performance to justify. Is it right or it can be right?
Employees are regularized automatically after the six month period. This is not something which is up to the employer’s discretion if the probationary period has already lapsed.
Does my employer can terminate my contract the same day of my end of probitionary? without prior notice
Hello, the employer may terminate employment at the end of your probationary period, only if due process is observed and the termination is based on just cause or failure to meet clearly the performance standard. No prior notice is required if the probationary contract clearly states the end date the employer decides not to regularize you. However, if the employer terminates you on the same day without giving you a performance evaluation, reason of explanation for non-regularization and not following due process, it may consider illegal.
Hi i have an employee that is not yet evaluated but he’s more than 6 months already, he shoudl evaluated bu the last manager that i replace with. he now on 9th months now and in my 3 months of stay i saw a big attitude issues on him. by law he’s already a regular employee. Question if want terminate him what are the step i need to do aside from failing him in evaluation. is it still legal to terminate him by evaluation at he’s 9th month?please advice. Thanks
He is a regular employee at this point. His employment can only be terminated under the just or authorized causes allowed by the Labor Code.
Hi,
If you have been terminated during your probationary period. What would be the process of your last pay? Would that be still the same usual process as a resigned employee? or should that be given in your last day with them as terminated employee?
Thank you.
Processes differ between companies, but you’d expect it to be as with a terminated employee.
Hi, i started with the company jan 15 2018. My 180th day or 6 month is July 13. They gave me my evaluation exactly on my 180th day, and told me I am not regularized. I asked them how the scoring was done because it was not explained to me that it is how the scoring was based. I told them I have some disputes and questions about it, and that i need to ask my supervisor for the stats so i can double check. They said that i already have to sign it because it will lapsed. I said, i dont care..because they should have told me at least a few days before their decision or before letting me sign it, so i know if the scores given were right or if there is discrepancy. Unfortunately, my supervisor went home already so there’s nobody to ask, and HR doesnt have access to our stats. So i did not sign it. Do i have a big chance on disputing this? And why on the first place did they wait until my last day of my 6th month before telling me of my eval for regularization?
It may be helpful to first check whether the counting of the six month period is accurate. An employee becomes regularized 180 days from the day when probationary employment began. This is a computation mistake which companies sometimes commit.
In any case, you can ask for a conciliation meeting at the Department of Labor to bring these up.
As A new HR practitioner, I would like to inquire if it’s legal to terminate a probationary employee due to failure to meet reasonable standards set by the company even he’s just only 1 month with the company. Employee has habitual absences that leads to poor performance. though he was able to present fit to work clearance. Is it legal to terminate this employee without giving him sufficient time?
Hi. Yes, as long as due process is observed.
Hi Sir,
Please enlighten with the “Reasonable time” notice, If were going to serve notice for termination to a probationary employee.
Thank you!
Alcira vs. NLRC, G.R. No. 149859. June 9, 2004, allowed the termination of an employee who was told on the last day of his probationary period not to come to work.
On the other hand, the case of Canadian Opportunities Unlimited, Inc. vs. Dalangin, Jr., G.R. No. 172223, February 6, 2012, gives a somewhat different interpretation based on the Implementing Rules of the Labor Code.
In that case, the reasonable time is read as time sufficient for the employee to defend himself. One day was found to be insufficient. >>
But there is a 2015 ruling which appears to give the prevailing rule. Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 9, 2015, is a case where the probationary employee was terminated on the 180th day.
Emphasizing that notice and hearing are not required in case a probationary employee is not retained for failure to comply with the reasonable standards set by his employer, the Supreme Court outright said:
It is reasonable to give the employee at least 15 days, upon serving the notice for non regularization?
The later case allowed termination of a probationary employee at the very last day of the probationary period.