In the Philippine labor landscape, the probationary period serves as a critical "trial phase" where an employer evaluates an employee’s fitness for a permanent role. While this period grants employers significant latitude in assessment, it is not a period of legal vacuum. A probationary employee is not an employee "at will"; they are protected by the Constitution and the Labor Code.

1. The Legal Framework of Probationary Employment

Under Article 296 (formerly 281) of the Labor Code, 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 Nature of the Contract: Probationary employees enjoy security of tenure during their trial period. They cannot be terminated except for a just cause, an authorized cause, or when they fail to qualify as a regular employee in accordance with reasonable standards made known to them at the time of engagement.
Automatic Regularization: If an employee is allowed to work beyond the six-month period (or the agreed-upon probationary term), they are, by operation of law, considered a regular employee.

2. The Right to be Informed: The "Standards" Requirement

The most vital right of a probationary employee is the Right to be Informed. For a termination based on "failure to qualify" to be valid, the employer must comply with the following:

Communication of Standards: The employer must make known the reasonable standards for regularization to the employee at the time of their engagement.
The Specificity Rule: If the employer fails to inform the employee of these standards, the employee is deemed a regular employee from day one. General expectations (e.g., "do a good job") are often insufficient; standards should ideally be quantifiable or clearly defined in the job description or appointment letter.

3. Due Process: Just Cause vs. Failure to Qualify

The "Due Process" required for probationary employees depends on the reason for the severance of the employer-employee relationship.

A. Termination for Just or Authorized Causes

If a probationary employee is fired for a Just Cause (e.g., serious misconduct, willful disobedience, gross neglect) or an Authorized Cause (e.g., retrenchment, redundancy), they are entitled to the same Twin-Notice Rule as regular employees:

First Notice: Detailing the grounds for termination and giving the employee an opportunity to explain (the "show-cause" order).
Hearing/Conference: A chance for the employee to present evidence or defend themselves.
Second Notice: The final decision of termination.

B. Termination for Failure to Qualify

If the termination is due to the employee's failure to meet the performance standards, the "Twin-Notice Rule" is relaxed, but a Notice of Termination is still mandatory.

Reasonable Time: The notice must be served within a reasonable time before the effective date of termination.
Bona Fide Evaluation: The evaluation must be made in good faith. An employer cannot use "failure to qualify" as a pretext to terminate an employee for discriminatory reasons or to prevent them from attaining regular status.

4. Substantive Rights During Probation

While on probation, employees are entitled to the same basic labor standards as regular employees, including:

Minimum Wage: They must be paid no less than the statutory minimum wage.
Statutory Benefits: They are entitled to SSS, PhilHealth, Pag-IBIG coverage, and 13th-month pay (pro-rated).
Service Incentive Leave (SIL): While SIL is generally granted after one year of service, the months spent on probation are counted toward the one-year requirement for accrual.
Safe Working Conditions: Compliance with Occupational Safety and Health (OSH) standards applies regardless of status.

5. Limitations on the Probationary Period

No Double Probation: Generally, an employer cannot put an employee on a second probationary period for the same position. Once the six months are up, the employee is either regularized or terminated.
Extension of Probation: Extensions are generally discouraged but may be legal if:

It is voluntarily agreed upon by both parties.
The purpose is to give the employee a second chance to meet the standards (a "grace period").
It is documented in writing.

6. Remedies for Illegal Dismissal

If a probationary employee is terminated without just cause or without being informed of the standards for regularization, they may file a complaint for Illegal Dismissal with the National Labor Relations Commission (NLRC). Remedies include:

Reinstatement without loss of seniority rights.
Full Backwages from the time of illegal dismissal up to actual reinstatement.
Moral and Exemplary Damages if the dismissal was attended by bad faith or fraud.

Summary Table: Due Process Requirements

Scenario	Requirement
At Hiring	Communication of reasonable standards for regularization.
During Probation	Periodic evaluation and feedback.
Termination (Just Cause)	Full Twin-Notice Rule + Hearing.
Termination (Failure to Qualify)	Written notice of termination within a reasonable timeframe.