Probationary Period in the Philippines: What Every Employee Should Know

Starting a new job in the Philippines almost always comes with a probationary period. For many employees, this time can feel uncertain — but knowing your rights under the Philippine Labor Code helps you navigate probation with confidence.

What Is a Probationary Period?

A probationary period is a trial phase at the beginning of employment where both the employer and the employee evaluate whether the working relationship is a good fit. During this period:

• The employer assesses if the employee meets performance standards
• The employee determines if the company, role, and environment suit them
• The employment relationship has slightly different protections than regular employment

How Long Is the Probationary Period in the Philippines?

Under Article 296 of the Philippine Labor Code, the probationary period shall not exceed six (6) months from the date of employment.

Six months is the legal maximum. Employers cannot extend the probationary period beyond 6 months unless:

• The nature of the work requires a longer period (e.g., apprenticeships or specific technical training governed by a separate agreement)
• Both parties agree to a specific shorter period

In practice, most BPO and office-based roles use a 3 to 6 month probationary period.

Reasonable Standards: Your Rights During Probation

A probationary employee can only be terminated for failure to meet reasonable standards — and here's the critical legal requirement:

Those standards must be made known to the employee at the time of hiring.

This means:

• Your employer must clearly communicate the performance criteria you are expected to meet
• These standards must be specific, reasonable, and communicated in writing
• Vague or arbitrary standards cannot be used to justify termination

If you were never told what standards you needed to meet, a termination during probation can be challenged.

Rights of a Probationary Employee

Even during the probationary period, you retain important rights:

1. Minimum Wage and Benefits

You are entitled to minimum wage, overtime pay, night differential, and other statutory benefits from Day 1 — probationary employees are not exempt from these protections.

2. SSS, PhilHealth, and Pag-IBIG Enrollment

Your employer is required to enroll you in SSS, PhilHealth, and Pag-IBIG from the start of your employment — not only after regularization.

3. Due Process for Termination

If your employer wants to end your employment during the probationary period, they must still follow proper procedure:

• Give you written notice of the grounds for termination
• Give you a chance to explain yourself (if it involves just cause)
• Termination must be for a valid reason (non-meeting of standards or just cause under the Labor Code)

4. Prorated 13th Month Pay

Even probationary employees are entitled to 13th month pay, prorated based on their months of service in the calendar year.

5. Service Incentive Leave

SIL entitlement begins after one year of service — probationary employees who are later regularized carry their time toward this threshold.

What Happens at the End of Probation?

At the end of your probationary period, one of three things happens:

Regularization

If you have satisfactorily met your performance standards during probation, you become a regular employee. Regular employees can only be dismissed for just or authorized causes — with full due process — and have significantly stronger employment protection.

You should receive written confirmation of your regularization from HR.

Termination for Failure to Meet Standards

If you have not met the standards communicated to you at hiring, the employer may end the employment before or at the 6-month mark. This requires:

• Written notice with specific reasons
• Evidence that standards were communicated and not met

Deemed Regularization (If No Action Is Taken)

Here's a critical provision many employees don't know about: If an employer allows you to work beyond 6 months without terminating or formally regularizing you, you are automatically deemed a REGULAR employee by operation of law.

This is important. If your 6 months pass and HR doesn't act, you may have a right to claim regular employment status.

Can You Resign During Probation?

Yes. A probationary employee can resign by giving the standard 30 days written notice, unless a shorter period is agreed upon in the employment contract.

However, if your employment contract specifies a different notice period for probationary employees, check the terms carefully.

Common Issues During Probationary Periods

Unfair Performance Standards

If you believe the standards set for you are unreasonable or inconsistently applied, document your concerns and raise them with HR.

Missing Standards at Hiring

If no one told you what performance criteria you'd be measured against, and you're later terminated, consult with a labor lawyer — this is a potential due process violation.

Probation Extended Beyond 6 Months

Any extension of probation beyond 6 months is generally void under Philippine law. If your employer unilaterally extends your probation, you may already be considered a regular employee.

Probationary Employment at ShoreAgents

At ShoreAgents, we believe in transparent, fair employment practices from day one. Probationary employees at our Clark Freeport Zone office receive:

• Clear written performance standards at the start of employment
• Regular feedback and check-ins during the probationary period
• Full enrollment in SSS, PhilHealth, Pag-IBIG, and HMO coverage
• A fair and structured evaluation process leading to regularization

We view the probationary period as a mutual get-to-know-you phase — and we work hard to set every new hire up for success from the start.

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Ready to start your career with a company that does things right? Visit shoreagents-careers.com or email recruitment@shoreagents.com to apply for current openings in Clark, Pampanga. 🧡