If your employer ended your probationary employment or decided not to regularize you right after learning about your pregnancy, Philippine law is clear on this point. Terminating a probationary employee solely because of pregnancy is not legal. It violates specific protections in the Labor Code, runs counter to the constitutional guarantee of security of tenure, and contradicts the policy against discrimination on account of pregnancy. This article explains exactly what the law says, how probationary employment actually works, what counts as a valid reason for ending it, the practical steps you can take if this has happened to you, common situations people encounter, and direct answers to the questions most often searched on this topic.

Legal Framework Protecting Pregnant Probationary Employees

The core protection comes from Article 135 of the Labor Code of the Philippines. It expressly makes it unlawful for any employer to discharge a woman employee on account of her pregnancy, or while on leave or in confinement due to her pregnancy. This rule applies to all women employees in the private sector, with no exception carved out for those still within their probationary period.

Probationary employees also enjoy security of tenure under the Labor Code and the 1987 Constitution. Article 296 provides that probationary employment shall not exceed six months and that the services of a probationary employee may be terminated only for a just cause, an authorized cause, or when the employee fails to qualify as a regular employee in accordance with reasonable standards made known to her at the time of engagement. Pregnancy does not fall under any of these categories.

Republic Act No. 9710, the Magna Carta of Women, reinforces these rules by declaring the State’s policy to eliminate discrimination against women in all its forms, including in the economic and work spheres. It recognizes women’s maternal functions and requires support measures that enable women to balance work and family responsibilities. Terminating employment because of pregnancy directly impairs these rights.

Republic Act No. 11210, the 105-Day Expanded Maternity Leave Law, further strengthens job protection. Section 15 states that female workers who avail of maternity leave benefits are assured of security of tenure. The exercise of this right cannot be used as basis for demotion or termination. While this section speaks to those already availing of leave, the broader labor policy and Article 135 prohibition apply from the moment pregnancy becomes known and affect any decision to end employment.

What Actually Makes Termination of a Probationary Employee Valid

Employers have three narrow grounds to end probationary employment:

Just cause under Article 297 — serious misconduct or willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime against the employer or immediate family, or other analogous causes. Pregnancy is not misconduct.
Authorized cause under the Labor Code (installation of labor-saving devices, redundancy, retrenchment to prevent losses, or closure) — these require specific procedures, 30-day notice or pay in lieu, and separation pay. Pregnancy is not a business or economic ground that justifies selection for termination.
Failure to qualify as regular employee based on reasonable standards made known at the start of employment. These standards must be job-related, objective, measurable, and communicated clearly — preferably in writing — at the time of hiring or engagement. They cannot be invented later or based on a protected characteristic such as pregnancy.

If the employer’s sole or primary reason is the employee’s pregnancy, none of these grounds exist. Even when an employer claims “performance issues,” labor tribunals examine the totality of circumstances. Sudden negative evaluations that appear only after pregnancy is disclosed, lack of prior documented deficiencies, or statements linking the decision to the pregnancy usually lead to a finding of illegal dismissal.

Practical Steps If You Were Terminated or Not Regularized Because of Pregnancy

Act quickly while evidence is fresh. Here is the typical sequence:

Collect and organize your evidence. Keep originals and make copies or digital scans. Useful items include your employment contract or offer letter (showing the probation period and any standards), job description, all performance evaluations or feedback received before and after pregnancy disclosure, the termination notice or any communication stating or implying the reason, medical records or doctor’s notes showing pregnancy dates, text messages, emails, or chat logs mentioning pregnancy in connection with your job or performance, and statements from colleagues who witnessed relevant conversations.
Do not sign a resignation letter, quitclaim, or any settlement document without understanding its full effect. A properly executed quitclaim with adequate consideration can bar future claims.
Initiate the dispute resolution process at the National Labor Relations Commission (NLRC). Most cases begin with the Single Entry Approach (SEnA) — a mandatory conciliation-mediation handled by the Department of Labor and Employment or NLRC. This stage usually lasts up to 30 days and aims for settlement.
If no settlement is reached, file a formal complaint for illegal dismissal at the appropriate NLRC Regional Arbitration Branch (generally the branch covering the province or city where you worked). In the complaint you can seek reinstatement (or separation pay in lieu if reinstatement is no longer viable), full backwages from the date of dismissal until actual reinstatement or finality of the decision, moral and exemplary damages where bad faith is shown, and attorney’s fees (commonly 10% of the monetary award).
Participate actively in the proceedings. You will submit a position paper with your evidence, attend hearings (many are now conducted virtually), and respond to the employer’s defenses. Labor arbiters decide based on substantial evidence; the burden is on the employer to prove a valid ground.

Backwages in successful probationary illegal dismissal cases are computed up to the finality of the decision, not cut off at the end of the original probation period. This follows recent Supreme Court guidance on the matter.

Common Pitfalls and Real-Life Scenarios

Many employers, especially in small or medium-sized companies and BPO settings, mistakenly believe that probationary employees can be let go “anytime” or for any reason during the six-month period. This is incorrect. The same just-cause, authorized-cause, and standards requirements apply, plus the specific Article 135 prohibition.

A frequent scenario involves an employee performing adequately until she discloses her pregnancy, after which management suddenly cites vague “fit” or “availability” concerns. When the timing aligns closely with the pregnancy announcement and no contemporaneous performance documentation exists, tribunals often view the stated reason as a pretext.

Another common situation arises when prenatal check-ups or pregnancy-related absences are counted against the employee in performance ratings. These absences are protected and cannot form the basis for a finding that the employee failed reasonable standards.

Some employers attempt to “extend” the probationary period or offer a new contract to avoid regularization. Such moves are generally viewed as attempts to circumvent the law and can strengthen an illegal dismissal claim.

Foreign nationals working in the Philippines on probation enjoy the same Labor Code protections. Their work or residence visa status is handled separately by the Bureau of Immigration, but the termination itself must still comply with Philippine labor rules. Termination without valid ground can expose the employer to labor liability even if immigration consequences follow.

Documents, Offices, and Typical Timelines

You will generally need:

Employment contract or offer letter
Proof of probationary status and communicated standards (if any)
Termination notice or separation documents
Evidence showing pregnancy and its timing relative to the termination decision
Pay slips or payroll records
SSS contribution records (helpful for maternity benefit claims)
Any written communications about performance or the termination reason

File at the NLRC Regional Arbitration Branch with jurisdiction over your workplace. There is usually no filing fee for workers’ illegal dismissal complaints.

The SEnA conciliation phase aims to finish within 30 days. If unresolved, the formal arbitration case involves position papers, possible clarificatory hearings, and a decision from the Labor Arbiter. Appeals to the NLRC, Court of Appeals, and Supreme Court can extend the process to one to three years or more, although many cases settle earlier with packages that include a portion of backwages plus separation pay. Prompt filing helps preserve evidence and limits disputes over what actually happened.

Frequently Asked Questions

Can an employer terminate a probationary employee solely because she is pregnant?
No. Article 135 of the Labor Code expressly prohibits discharging a woman employee on account of her pregnancy. This rule applies regardless of probationary status.

What if the employer claims the termination was for “poor performance” or “not a good fit”?
The employer must prove that legitimate, job-related performance deficiencies existed independently of the pregnancy and that these deficiencies — not the pregnancy — were the real reason. Tribunals look at the timing, prior evaluations, and any statements made by management. If pregnancy was the motivating factor, the dismissal is illegal.

Do probationary employees qualify for maternity leave benefits?
Yes. Female workers in the private sector, including those on probation, are entitled to 105 days of maternity leave with full pay under RA 11210 if they meet SSS qualifying conditions. Security of tenure protections apply when availing of these benefits.

How do I prove that pregnancy was the actual reason for my termination?
Strong evidence includes the close timing between pregnancy disclosure and the termination decision, absence of documented performance issues before the disclosure, any direct or indirect comments from supervisors linking the decision to pregnancy, and lack of a credible alternative business justification.

What remedies can I receive if I win an illegal dismissal case?
Typical awards include reinstatement to your former position (or a substantially equivalent one) plus full backwages from the date of dismissal until reinstatement or final decision. Moral and exemplary damages may be awarded if the employer acted in bad faith. Attorney’s fees are also commonly granted.

Is there a deadline for filing a complaint?
Illegal dismissal claims are generally subject to a four-year prescriptive period, but it is best to act as soon as possible. Evidence becomes harder to gather over time, and backwages continue to accrue while the case is pending.

Does company size or industry matter?
No. The Labor Code and Article 135 apply to virtually all private-sector employers, regardless of size, including small businesses, startups, and BPO companies.

Can I be regularized automatically if my probation ends without formal action?
Yes. If you are allowed to work beyond the six-month probationary period without a valid termination, you become a regular employee by operation of law under Article 296.

What if I was still on probation when I took prenatal leave or check-ups?
Pregnancy-related absences and medical needs are protected. Using them as the basis for non-regularization or termination violates both Article 135 and the broader security-of-tenure policy.

Key Takeaways

Terminating or refusing to regularize a probationary employee solely because of pregnancy is illegal under Article 135 of the Labor Code and violates security of tenure.
Valid termination of probationary staff requires documented just cause, authorized cause, or failure to meet reasonable, job-related standards communicated at the start of employment.
Pregnancy is never a valid ground, and using it as the reason — directly or as a pretext — exposes the employer to reinstatement, backwages, and possible damages.
Gather strong contemporaneous evidence of the true reason and the timeline of events.
The remedy process begins with SEnA conciliation at the NLRC/DOLE and can proceed to formal arbitration if needed.
Protections under RA 9710 and RA 11210 reinforce job security for pregnant workers and those availing of maternity benefits.
Acting promptly with complete documentation gives you the strongest position to enforce your rights.

Philippine labor law prioritizes the protection of workers, especially women facing pregnancy-related decisions at work. Understanding these specific rules helps you recognize when your rights have been violated and what concrete steps are available to address the situation.