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Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Book VI — Post-Employment

Article 281Probationary employment.

PD 442 · Labor Code of the PhilippinesELI5 guide available

ELI5— what this means for you

Probationary employment is legal, but capped at 6 months. After 6 months, you automatically become a regular employee — unless you were specifically told the standards you'd be evaluated against, and your employer can prove you failed them.

Key point

Probation max = 6 months. After that, you're regular unless formally evaluated and found lacking.

Official text — PD 442

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.

Source: lawphil.net (PD 442 as amended)

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.