Probationary

Employees
Probation Period and Standards

29 October 2016
Probationary Employee
IRR of the Labor Code: There is probationary
employment where the employee, upon his engagement,
is made to undergo a trial period during which the
employer determines his fitness to qualify for regular
employment, based on reasonable standards made
known to him at the time of engagement.

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code
Rules to Probationary Employment
1. Where the work for which the employee has been
engaged is learnable or apprenticeable in accordance
with the standards prescribed by [now TESDA], the period
of probationary employment shall be limited to the
authorized learnership or apprenticeship period,
whichever is applicable.

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code
 Rules to Probationary Employment
2. Where the work is neither learnable nor
apprenticeable, the period of probationary employment
shall not exceed six months reckoned from the date the
employee actually started working.
Important: Academic teaching personnel in private
schools have a longer probationary period.
Basic education: not more than 3 years
Higher education: not more than 6 consecutive semesters or 9
consecutive trimesters of satisfactory service

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code;
2010 Revised Manual of Regulations for Private Schools in Basic Education (DEPED); 2008 Manual of Regulations for Private Higher Education (CHED)
Rules to Probationary Employment
3. The services of an employee who has been engaged
on probationary basis may be terminated only for a just
or authorized cause, when he fails to qualify as a regular
employee in accordance with reasonable standards
prescribed by the employer.

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code
Rules to Probationary Employment
4. 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.

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code
Rules to Probationary Employment
4. 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.

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code
 Case Law
Abbott Laboratories, Philippines v. Alcaraz (2013)
The probationary employee (manager) who did not qualify filed a complaint
claiming that he was never informed of the standards for the position and
thus he was a regular.
HELD: The employee was a probationary.
the employer is made to comply with two (2) requirements when dealing
with a probationary employee: first, the employer must communicate the
regularization standards to the probationary employee; and second, the
employer must make such communication at the time of the probationary
employees engagement. If the employer fails to comply with either, the
employee is deemed as a regular and not a probationary employee.
How employers expectations were communicated: job ad with work
description, offer sheet, employment contract, company orientation, etc.

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code
 For more information:

Labor Law Compliance

Best Practices for Human Resource
www.laborlaw.ph

We value feedback.
For comments or permission to use slides, send us an email: info@jdpconsulting.ph.
 Brought to you by:

JDP Consulting Ltd. Co.

Empowering leaders with legal compliance

We focus on Small and Medium Enterprises.

www.jdpconsulting.ph

Labor & Employment, Negotiations & Contracts,

Intellectual Property, Commercial Litigation, and Legal Compliance.
Seminars &
Workshops
Join us for learning sessions on
these topics:
HR Legal Compliance
Labor Unions
Company Policies
Labor Complaints
Outsourcing Manpower
Disciplinary Actions

Visit: www.cpdc.ph
Venue of Seminars & Workshop:
BGC Ascott, Taguig City