A probationary period is a time to assess fitness for a position, not an interval in which an employer may dismiss someone without a lawful basis. Clear hiring documents and an honest performance record protect both the business and the employee. The most important preparation begins before the worker starts.

Communicate reasonable standards at engagement

Article 296 of the Labor Code provides the general rule that probationary employment does not exceed six months from the date work begins, subject to the law’s qualifications. It allows termination for just cause or failure to qualify under reasonable standards made known to the employee at engagement. The Supreme Court’s discussion in G.R. No. 228357 explains the significance of those standards and the employee’s security of tenure. The full decision and applicable employment context should be reviewed before relying on a particular holding.

An employer should state the position’s core duties and measurable or otherwise intelligible standards in the offer, contract, handbook or acknowledged onboarding materials. Supervisors should apply the same criteria they communicated, record assessments fairly, and give the worker an opportunity to understand deficiencies. A retrospective standard invented when termination is being considered is a poor substitute for proper hiring documentation.

Review the decision and procedure

Before ending probationary employment, examine the actual dates of service, written standards, evaluation records, stated reason and applicable notice requirements. A person allowed to work after the probationary period may be treated as a regular employee under Article 296. Particular industries and roles can involve distinct rules, so a standard template should not be used without checking the position.

Cedeño Law Office assists with labor law and regulatory compliance. For advice on a contract, evaluation or proposed separation, contact the firm before action is taken.

This article is general information and not an assessment of any employee’s status or the validity of a dismissal.