I. Introduction

In the Philippines, two issues frequently collide in real workplaces:

Probationary employment and regularization – the “try-out” stage before an employee becomes regular; and
Workplace bullying – a pattern of hostile behavior that can poison working conditions and undermine a worker’s security, dignity, and mental health.

Probationary employees are especially vulnerable. They often fear that speaking up about abuse will cost them their regularization. But Philippine law does not leave them defenseless: even probationary workers are entitled to security of tenure, due process, humane working conditions, and protection from harassment and abuse.

This article explains, in the Philippine legal context:

The rules on probationary employment and regularization
The concept of workplace bullying, and how it interacts with existing laws (labor, civil, criminal, and special laws)
The rights and remedies of employees – especially probationary workers – who experience bullying or harassment at work
The duties and liabilities of employers

II. Legal Framework

Several layers of law shape employee rights in this area:

The 1987 Constitution
- Recognizes labor as a primary social economic force and commands the State to “protect the rights of workers and promote their welfare.”
- Guarantees security of tenure, humane conditions of work, and a living wage.
Labor Code of the Philippines (Presidential Decree No. 442, as amended)
- Governs employer–employee relations, including probationary employment, regularization, dismissal, and labor standards.
- Contains the policy that all doubts in the implementation and interpretation of labor laws shall be resolved in favor of labor.
Occupational Safety and Health Standards & RA 11058 (OSH Law)
- Require employers to maintain a workplace that is safe and without risk to health.
- Modern interpretation of “health” includes mental and psychological health and psychosocial hazards, which can encompass persistent bullying.
Special Laws Related to Harassment and Mental Health
- RA 7877 (Anti-Sexual Harassment Act) – covers work-related sexual harassment by supervisors, co-workers, and clients within certain power relations.
- RA 11313 (Safe Spaces Act) – broadens coverage to gender-based harassment in workplaces (including verbal, physical, and online forms) and imposes explicit duties on employers to prevent and address such acts.
- RA 11036 (Mental Health Act) – requires employers to promote mental health in the workplace and adopt supportive policies and programs.
Civil Code of the Philippines
- Articles 19, 20, 21 – “Human Relations” provisions: every person must act with justice, give everyone their due, and observe honesty and good faith; anyone who willfully or negligently causes damage contrary to law or morals can be liable for damages.
- Protects dignity, personality, and honor, and can be used to claim damages for abusive treatment or bullying.
Criminal Law (Revised Penal Code and special laws)
- Certain acts of bullying can amount to grave threats, coercion, unjust vexation, slander, libel, light threats, physical injuries, etc.
- Cyberbullying at work through social media or messaging can fall under cybercrime-related provisions.

Notably, there is no single Philippine statute titled “Workplace Bullying Act”, but a combination of labor, civil, criminal, OSH, mental health, and anti-harassment laws collectively protect employees from abusive conduct at work.

III. Probationary Employment and Regularization

A. Concept and Duration

Under the Labor Code, probationary employment is a period during which the employer evaluates whether the employee is fit for regular employment.

Key points:

Maximum duration: generally six (6) months from the date the employee starts working, unless:
- A longer period is allowed by law (e.g., apprenticeship, certain academic positions); or
- A valid agreement and specific regulations allow a longer probationary period.
If the employee is allowed to work beyond the probationary period without being validly terminated or without being explicitly re-contracted on some other legal arrangement, they typically become a regular employee by operation of law.

B. Requirement to Inform Employee of Standards

A crucial rule in Philippine labor law:

The employer must inform the probationary employee, at the time of engagement, of the reasonable standards under which they will qualify as a regular employee.

If the employer fails to clearly communicate these standards at the start (e.g., no written job description, no performance criteria discussed), case law has consistently held that the employee becomes regular from day one, because the employer lost its right to terminate on the ground of “failure to qualify under reasonable standards”.

“Reasonable standards” usually refer to:

Work performance (quality, quantity, timeliness)
Behavior and attitude related to work
Compliance with company policies
Skills and competencies relevant to the job

These must be:

Related to the job,
Not arbitrary or discriminatory, and
Capable of being measured or evaluated.

C. Rights of Probationary Employees

A probationary employee does not enjoy lesser basic rights than a regular employee, except that their tenure is subject to evaluation. They are entitled to:

Security of Tenure (subject to probation)
- They cannot be dismissed at will. They may only be terminated for:
  - Just causes (serious misconduct, willful disobedience, gross and habitual neglect, fraud, etc.);
  - Authorized causes (redundancy, retrenchment, closure, etc.); or
  - Failure to meet reasonable standards for regularization that were made known at the time of engagement.
Due Process
- For just cause terminations:
  - First notice stating the specific charges;
  - Opportunity to be heard (written explanation and/or hearing); and
  - Second notice informing the employee of the decision and the reasons.
- For failure to qualify, jurisprudence requires at least notice explaining the evaluation and reasons for non-regularization, served before or at the end of the probationary period.
Labor Standards Rights
- Minimum wage, 13th month pay, service incentive leave (when applicable), holiday pay, premium pay, rest days, etc., just like regular employees.
Humane Conditions of Work
- Protection against inhumane treatment, harassment, or dangerous working conditions.

D. Regularization

An employee becomes regular through:

Satisfaction of Standards During Probation
- The employer evaluates performance based on communicated standards.
- If the employee passes, they should be formally regularized, usually via written notice and updated employment status.
By Operation of Law
- When the employee:
  - Continues working beyond the six-month probationary period without a valid cause for non-regularization;
  - Was never clearly informed of the standards for regularization at the time of engagement; or
  - Has worked for at least one year, performing activities necessary and desirable to the usual trade or business, even if labeled “casual” or similar.

Once regular, the employee enjoys full security of tenure: they can only be dismissed for just or authorized causes and with proper due process.

E. Common Abuses in Probationary Employment

Some problematic practices (many of which have been struck down as illegal by labor tribunals and courts):

“Endo” / 5–5.5-month cycles – repeatedly hiring workers as probationary or casual employees and terminating them before reaching regular status, to avoid regularization.
Moving standards – changing evaluation metrics near the end of probation to justify non-regularization.
Vague or unwritten standards – later used to claim the employee “failed to qualify” despite no clear basis.
Retaliatory non-regularization – denying regular status because the employee complained about harassment, bullying, or illegal practices.

Where the true reason for non-regularization is bullying, discrimination, or retaliation, the termination is usually considered illegal dismissal.

IV. Workplace Bullying in the Philippine Context

A. No Single “Bullying Law,” But Strong Protections

While the Philippines does not yet have a dedicated “Workplace Bullying Act,” the law provides substantial protection through:

Labor Code (humane and safe working conditions);
OSH Law (RA 11058) and its implementing rules on psychosocial hazards;
Mental Health Act (RA 11036);
Safe Spaces Act (RA 11313);
Anti-Sexual Harassment Act (RA 7877);
Civil Code (Articles 19–21); and
Criminal statutes (threats, coercion, unjust vexation, etc.).

In practice, “workplace bullying” is treated as an umbrella concept covering repeated, unreasonable behavior that creates a risk to health and safety and undermines the dignity of the employee.

B. What Counts as Workplace Bullying?

Bullying often involves a pattern (not just one minor incident), such as:

Verbal abuse – repeated shouting, insults, name-calling, humiliating remarks (privately or in front of others).
Psychological harassment – gaslighting, spreading rumors, malicious gossip, social exclusion, undermining relationships with co-workers.
Abuse of authority – assigning impossible workloads, deliberately setting up an employee to fail, withholding essential information, constant threats of termination without basis.
Public humiliation – online shaming, “group chat” ridicule, posting embarrassing content.
Retaliatory acts – giving poor evaluations or bad schedules after the employee asserts their rights.

Important distinctions:

Legitimate management prerogative: Employers can discipline, evaluate, and even terminate employees based on valid grounds and with due process.
Bullying / abuse: When the conduct:
- Is excessive, arbitrary, or unrelated to legitimate business interests;
- Is repeated or severe; and
- Creates an atmosphere of fear, humiliation, or hostility.

The line is crossed when discipline becomes harassment, and supervision becomes abuse.

C. Relationship with Sexual and Gender-Based Harassment

Many bullying situations intersect with sexual or gender-based harassment:

Persistent sexual jokes, crude comments, or innuendos
Unwanted touching, propositions, or requests for “favors” in exchange for regularization or promotion
Gender-based insults or slurs (e.g., targeting women, LGBTQ+, or non-conforming employees)

In such cases, conduct may be punishable under:

RA 7877 (Anti-Sexual Harassment Act) – focuses on power relations (e.g., supervisor–subordinate);
RA 11313 (Safe Spaces Act) – covers a broader range of gender-based sexual harassment, including peer harassment and online abuse, and imposes internal policy and procedure requirements on employers.

D. Impact on Health and Safety

Chronic bullying can lead to:

Anxiety, depression, and other mental health conditions
Physical symptoms (insomnia, headaches, gastrointestinal issues)
Reduced productivity, absenteeism, and high turnover

Under the OSH Law and Mental Health Act, employers are expected to address psychosocial hazards, including bullying and harassment, as part of their duty to maintain a safe and healthy workplace.

V. Intersection: Probationary Status and Workplace Bullying

A. Vulnerability of Probationary Employees

Probationary employees often feel they must remain silent because:

Regularization is pending;
The supervisor or manager who bullies them may also be the one who evaluates their performance;
HR or management may be perceived as siding with supervisors.

However, the law does not permit employers to use probationary status as a license to abuse.

Probationary workers retain:

The right to humane treatment;
The right not to be dismissed except for valid reasons and with due process;
Protection under anti-harassment, OSH, and mental health laws, just like regular employees.

B. Bullying as Constructive Dismissal

If bullying becomes so severe that the employee feels compelled to resign, this may amount to constructive dismissal, which is treated as illegal dismissal.

Indicators of constructive dismissal include:

Repeated, baseless reprimands and humiliation;
Sudden and unjustified demotion or drastic reduction in duties;
Assigning impossible targets designed to fail;
Creating a hostile, unbearable work environment with the aim (or effect) of forcing the employee out.

This concept applies even to probationary employees. If they resign but can show they were effectively forced out through abuse or threats, they may still claim illegal dismissal.

C. Retaliatory Non-Regularization

Non-regularization is ILLEGAL when:

The real reason is the employee’s complaint against bullying, sexual harassment, or other abuses; or
The alleged “failure to meet standards” is a pretext, and there is no credible evidence of poor performance.

In illegal dismissal cases involving probationary employees, the employer bears the burden of proving:

The validity of the standards for regularization;
That the standards were communicated at the start; and
That the employee actually failed to meet these standards, based on objective and documented evaluation.

If the employer cannot prove these, the dismissal (or non-regularization) is typically held illegal.

In harassment-related cases, retaliatory actions can also violate RA 7877 and RA 11313, which prohibit retaliation against those who complain or participate in investigations.

D. Bullying by Co-workers vs. Supervisors

Bullying by supervisors or managers is especially serious due to power imbalance and can more easily amount to constructive dismissal or illegal dismissal when tied to probationary evaluation and threats to regularization.
Bullying by co-workers also creates employer liability if:
- The employer or HR knew or should have known of the harassment; and
- Failed to take prompt and effective measures to stop it.

VI. Employer Duties and Liability

A. Duty to Maintain a Safe and Humane Workplace

Philippine employers are required to:

Ensure that the workplace is safe and free from serious health risks, including psychological harm from bullying;
Comply with labor standards and OSH regulations;
Respect the dignity and rights of employees.

Failure to address workplace bullying may result in:

Labor liability – illegal dismissal, unfair labor practice, non-compliance with OSH or mental health guidelines;
Civil liability – payment of moral, exemplary, and sometimes actual damages;
Criminal liability – if acts constitute crimes (threats, libel, unjust vexation, etc.);
Administrative liability – particularly in regulated sectors or for public officials.

B. Policies and Procedures Required by Law

Under RA 7877 and RA 11313, employers are generally required to:

Adopt written policies against sexual and gender-based harassment;
Establish internal mechanisms for complaints (e.g., a Committee on Decorum and Investigation);
Provide training and orientation on these policies;
Impose sanctions on offenders after due process;
Protect complainants and witnesses from retaliation.

Though “bullying” as a stand-alone term is not always used in statutes, many employers prudently adopt comprehensive anti-bullying policies that include non-sexual, non-gender-based abuse to comply with OSH and mental health obligations.

C. Management Prerogative and Its Limits

Employers have management prerogative to:

Schedule work;
Assign tasks;
Evaluate performance;
Impose disciplinary actions; and
Hire, promote, or terminate employees.

However, this prerogative must be exercised:

In good faith;
In a manner that is not arbitrary, discriminatory, or oppressive;
Consistent with laws, contracts, and company policies; and
With respect for the employee’s dignity and rights.

Where management prerogative is invoked to justify bullying or abusive treatment, labor tribunals and courts typically reject that defense.

VII. Employee Remedies and Practical Steps

A. Internal Remedies

Document Everything
- Keep copies of:
  - Offensive emails, chats, texts, or social media posts;
  - Performance evaluations and memos;
  - Schedules, workload assignments, and changes;
  - Incident notes (dates, times, witnesses, what was said or done).
- This documentation is crucial, especially for probationary employees who might later claim illegal dismissal or constructive dismissal.
Review Company Policies
- Check the Employee Handbook, Code of Conduct, or Anti-Harassment Policy for:
  - How to file complaints;
  - Which office or person handles grievances;
  - Timeframes and procedures.
File an Internal Complaint
- Report the bullying to:
  - Immediate supervisor (if not the bully),
  - HR department, or
  - The Committee on Decorum and Investigation (for harassment cases).
- Provide written details and evidence.
Request Support or Accommodation
- For mental health impacts, employees may ask for:
  - Reassignment away from the bully (within reason);
  - Temporary leave or flexible arrangements (if supported by medical advice);
  - Referral to mental health resources if available.

B. External Remedies

If internal remedies fail or are unsafe to pursue, employees may go outside the company:

Department of Labor and Employment (DOLE)
- Can conduct labor inspections and investigate violations of labor standards, OSH, and certain labor rights.
- For severe OSH or mental health risks from bullying, complaints can be filed with DOLE offices.
National Labor Relations Commission (NLRC) / Labor Arbiters
- Handles complaints for illegal dismissal, constructive dismissal, unpaid wages and benefits, and damages.
- Probationary employees can file cases if:
  - They were unjustly dismissed during probation;
  - They were not regularized due to bullying, retaliation, or discriminatory reasons;
  - They were effectively forced to resign due to a hostile work environment.
Civil Courts
- Employees may file civil actions for damages under the Civil Code for:
  - Abuse of rights (Articles 19–21);
  - Injury to dignity and personality rights.
Criminal Complaints
- If bullying includes threats, coercion, physical abuse, or online defamation, employees may file criminal complaints with law enforcement or the prosecutor’s office.
Commission on Human Rights (CHR)
- In certain cases (especially involving discrimination or serious human rights concerns), employees may seek CHR assistance.

C. Prescription Periods (Deadlines for Filing)

In general (simplified):

Illegal dismissal complaints: commonly treated as subject to a four-year prescriptive period, as an action upon injury to rights under the Civil Code.
Money claims arising from employer–employee relations (e.g., unpaid salaries, benefits): three years from when the cause of action accrued.
Criminal and civil cases have their own prescriptive periods under specific laws.

Employees should seek legal advice early to avoid missing deadlines.

VIII. Best Practices for Employers

Responsible employers can prevent legal exposure and foster healthier workplaces by:

Adopting Clear Policies
- Comprehensive anti-bullying and anti-harassment policies that cover:
  - Anonymous or confidential reporting procedures;
  - Definitions and examples of prohibited conduct;
  - Step-by-step investigation process;
  - Sanctions and remedial measures.
Integrating Policies with Probationary Evaluation
- Ensuring that:
  - Standards for regularization are written, reasonable, and job-related;
  - Supervisors understand these standards and how to evaluate fairly;
  - Evaluations are documented and not used as tools for personal vendettas.
Training and Orientation
- Conduct regular training for:
  - All employees on their rights and responsibilities;
  - Supervisors and managers on lawful discipline vs. bullying, and on handling complaints.
Effective Grievance Mechanisms
- Safe, accessible channels for employees—especially probationary ones—to report bullying without fear of retaliation.
- Timely, impartial investigations with due process for both complainant and respondent.
Supportive Mental Health Environment
- Incorporate the Mental Health Act requirements into HR policies.
- Offer counseling, employee assistance programs, or referrals where possible.
Consistent Enforcement
- Discipline must be:
  - Based on clear policies;
  - Applied consistently (no favoritism);
  - Supported by evidence;
  - Implemented with due process.

IX. Conclusion

In the Philippines, probationary status does not strip employees of their fundamental rights. Probationary workers are still entitled to:

Security of tenure, albeit conditional,
Due process,
Humane conditions of work, and
Protection against bullying, harassment, and abusive conduct.

Employers who misuse probationary evaluation to intimidate, harass, or retaliate against employees—especially those who assert their rights—risk liability for illegal dismissal, damages, and even criminal charges.

On the other hand, employees should know that:

They are not powerless during probation;
They can document abuses, use internal mechanisms, and seek external remedies;
The law, including the Constitution, Labor Code, OSH Law, Mental Health Act, Anti-Sexual Harassment Law, and Safe Spaces Act, all converge to protect their dignity and welfare.

Ultimately, a lawful, respectful approach to probationary employment and a zero-tolerance stance on workplace bullying are not just legal obligations. They are essential to building productive, stable, and humane workplaces in the Philippines.