Here’s a “all-in-one” legal explainer—Philippine context—covering probationary hires and reliever (temporary replacement) hires. It’s written for HR leads, in-house counsel, and small business owners who need rules, pitfalls, and practical templates. No external sources used.

1) Big picture: status, security of tenure, and how labels work

Status is defined by law and facts, not labels. Calling someone “probationary” or “reliever” doesn’t control if your documents and practices don’t match legal requirements.
Security of tenure applies to all employees (regular, probationary, fixed-term, seasonal, project, reliever). You can terminate only for just causes, authorized causes, or—for probationary employees—failure to meet reasonable standards made known at engagement.
Regularization by law. If a worker performs activities usually necessary or desirable in the employer’s business and the probationary period is completed (or standards weren’t disclosed at hiring), the worker becomes regular—even without a “regularization letter.”

2) Probationary employment: the rules that matter

A. Purpose. A trial period to assess a new hire against reasonable, job-related standards.

B. Maximum length.

General rule: up to 6 months from the date the employee starts work (compute as 180 calendar days unless a special industry rule applies).
Industry-specific exceptions (e.g., private school teachers, apprenticeships) may allow longer periods if recognized by law/DOLE regulations.
Extensions: Only valid if (i) allowed by law/DOLE rules or (ii) clearly justified (e.g., extended training, long approved leave) and agreed in writing before expiry. “Automatic” extensions are suspect.

C. Standards disclosure is non-negotiable.

The employer must communicate the performance/behavior standards at the time of engagement (offer/contract or Day-1 onboarding). If not, the employee is regular from Day 1.
Standards must be reasonable, specific, and measurable (e.g., “Close 15 qualified leads/month; QC error rate under 2%; no NCNS”).

D. Rights and benefits during probation.

Same statutory protections as regulars: minimum wage, OT pay, night shift differential (10% of hourly basic for 10:00 p.m.–6:00 a.m.), rest-day pay rules, holiday pay rules, 13th-month pay (pro-rated), SSS/PhilHealth/Pag-IBIG coverage from Day 1, OSH standards, data privacy.
Service Incentive Leave (SIL) 5 days with pay vests after 1 year of service. Probationary employees who hit 1 year (through renewal or absorption) earn SIL.
Statutory leaves (e.g., maternity, paternity, VAWC, Magna Carta of Women special leave, Solo Parent leave) follow their own eligibility rules; employment status alone does not exclude probationers.

E. Ending probation legally.

Failure to meet standards (disclosed at hiring) is a valid ground. Use due process:
1. First notice: detail facts and the standards failed; give time to explain.
2. Opportunity to be heard: written explanation and/or conference.
3. Final notice: clear decision with reasons, issued before the 6-month lapse (or within the agreed lawful probationary period).
Just causes (serious misconduct, willful disobedience, gross neglect, fraud/breach of trust, crime, etc.) require the twin-notice and hearing.
Authorized causes (redundancy, retrenchment, closure, disease) require 30-day written notice to the employee (and DOLE for most authorized causes) plus separation pay where applicable—probationary status does not remove these obligations.
Lapse into regularization. If the employer keeps a probationary employee beyond the period, or fails to disclose standards at engagement, the employee becomes regular by operation of law.

F. Documentation essentials (probationary).

Written contract indicating: (i) probationary status, (ii) specific standards, (iii) length and exact end date, (iv) evaluation schedule, (v) statement that failure to meet standards triggers termination anytime within the period.
Evaluation record: coaching logs, metrics dashboards, incident reports, and acknowledgement receipts for notices.

3) Reliever (temporary replacement) employment: how to do it right

“Reliever” means a worker hired to temporarily replace an incumbent who is on leave/absence (e.g., maternity leave, sick leave, suspension, secondment). It is a fixed-term or fixed-purpose engagement.

A. Lawful structure.

Fixed-term basis tied to a determinable event: “until Ms. X returns from maternity leave, but in no case beyond [date].”
Written contract must clearly state: the name of the incumbent being replaced, the reason, and that the employment automatically ends upon the incumbent’s return or on the long-stop date, whichever comes first.
Because the role is temporary, regularization does not attach when the contract validly ends with the return of the incumbent or the expiry of the stated term.

B. Rights and benefits for relievers.

Same statutory pay and benefits as other rank-and-file: minimum wage, OT, premium pay rules, 13th-month pay (pro-rated), SSS/PhilHealth/Pag-IBIG, holiday pay (subject to the usual attendance rules), night differential, OSH protections.
Separation pay: Not due upon lawful expiry of a fixed-term reliever contract. It becomes relevant only for authorized-cause terminations that cut short the term.

C. Rehiring relievers repeatedly.

Risk of regularization by pattern. Serial “back-to-back” reliever contracts—especially without real gaps or with tasks that are part of the employer’s ordinary business—can show that the worker is doing usually necessary/desirable work, converting the worker into regular (or at least regular-seasonal/casual-turned-regular after an aggregate year).
Best practice: Use reliever contracts only to replace named incumbents, not to staff ongoing headcount.

D. Early termination of relievers.

Return of incumbent ends the contract automatically (if properly written).
For just causes, follow twin-notice and hearing.
For authorized causes affecting even temporary staff (e.g., closure), follow 30-day notice + DOLE notice (if required) + separation pay rules.

E. Agency-deployed relievers (triangular setup).

If sourced from a manpower agency:
- Ensure the agency is a legitimate job contractor. If it’s labor-only contracting, your company becomes the employer by law.
- Observe equal pay for equal work policies in CBAs/company rules to avoid discrimination claims.
- Floating status (no assignment) is tightly regulated (generally up to 6 months); longer idling risks constructive dismissal.

4) Pay rules that trip up HR (quick matrix)

Minimum wage: Set by region; applies to probationary and reliever employees alike.
Overtime: >8 hours/day = +25% of hourly rate (workday); +30% on rest day/special day; differentials stack per labor standards.
Night shift differential: +10% for work between 10:00 p.m. and 6:00 a.m.
Holiday pay:
- Regular holiday: 100% if not worked (provided eligibility); 200% if worked (plus OT if >8 hours).
- Special non-working day: “No work, no pay” rule unless company policy/CBA says otherwise; if worked, +30%.
13th-month pay: Due to all rank-and-file, regardless of status, if they’ve worked at least a month; payable not later than Dec 24; pro-rated to actual basic earnings.
Service charges (hospitality): 100% distributed to covered workers subject to rules; probationary/reliever included if in covered establishment.

5) Termination playbook (procedures at a glance)

A. Just causes (discipline/misconduct): Twin notices + hearing, then final notice with grounds and facts.

B. Failure to meet standards (probationary): Issue a specific standards-failure notice, attach metrics/evaluations; give chance to explain; finalize before probation ends.

C. Authorized causes (business reasons/disease): 30-day written notice to employee (and to DOLE where required); separation pay if applicable; status (probationary/reliever) does not exempt you.

D. End of fixed term (reliever): No separation pay; issue a completion/expiry notice on or before the end date; clear final pay within 30 days from separation and provide the Certificate of Employment upon request.

6) Regularization triggers & conversion traps

No standards disclosed at hiring → probationary becomes regular from Day 1.
Silent or vague standards (e.g., “must be a team player”) → often treated as no standards.
Continuing work beyond 6 months without a valid extension or decision → regular.
Serial “reliever” contracts for everyday operations → risk of regularization (or illegal fixed-term scheme).
Breaks in service engineered to avoid 1-year SIL or regularization → can be struck down as bad faith.

7) Compliance checklists

A. Probationary contract must include:

Exact probationary period (start/end dates).
Concrete standards (KPIs/behavioral).
Evaluation cadence and documentation method.
Statement that non-compliance with disclosed standards is a ground for termination during the period.
Wage, schedule, benefits, place of work, reporting line, confidentiality/IP clauses, data privacy notice/consent.
Conformity signatures and Day-1 receipt of standards.

B. Reliever contract must include:

Named incumbent being replaced and reason (e.g., maternity leave).
Term defined by event and/or date: “from ___ until the earlier of (i) return of Ms. X as certified by HR; or (ii) ___.”
Statement that employment automatically ends upon the event/expiry.
All statutory pay/benefit terms; schedule; job description.
Notice that the role is temporary and non-regular; no promise of absorption.
Conformity signatures.

C. Due process packet (templates you should have ready):

Notice to Explain (NTE) – just causes.
Standards Failure Notice – probationary.
Minutes of administrative conference.
Final decision notice (dismissal or retention/regularization).
Expiry/Completion Notice – reliever.
DOLE notices (for authorized causes).

D. Separation deliverables:

Final pay within 30 days.
Certificate of Employment (upon request).
Government certificates/records (SSS R-1A/R-3 history, PhilHealth CF-1 confirmations when relevant).
Clearance forms.

8) Special topics

A. Equal treatment and non-discrimination. Different company-granted benefits (e.g., HMO eligibility after regularization) are generally allowed if policy-based and reasonable; but statutory benefits may not be withheld due to probationary/reliever status.

B. Attendance & hours of work.

Meal break: generally 60 minutes unpaid; shorter breaks of 5–20 minutes are compensable if the employee isn’t fully relieved.
Rest day: at least 24 consecutive hours after 6 consecutive workdays, unless DOLE-approved arrangements apply.

C. Health & safety. Probationary and reliever staff are covered by OSH rules (e.g., safety orientation, PPE, safety committees, medical surveillance for hazardous work).

D. Data privacy. Even for short stints, process only necessary personal data; disclose processing purposes in the contract and privacy notices; secure access removal at exit.

E. Union/CBA. Probationary and reliever employees can join a union unless excluded by valid bargaining unit definitions; CBA benefits may have eligibility rules but cannot contradict statutory rights.

9) Sample clauses (copy-paste, then tailor)

Probationary status & standards disclosure

“Employee is engaged on a probationary basis from [start date] to [end date] for the purpose of assessing fitness for regularization based on the following standards made known at hiring: (1) [KPI 1 with metric]; (2) [KPI 2]; (3) [Behavioral standard]. Failure to meet any material standard may result in termination at any time during probation following due process.”

Evaluation cadence

“Performance will be evaluated on Day 30/60/150, with written feedback. Employee acknowledges receipt of standards and evaluation schedule.”

Reliever fixed-term

“Employee is hired as a Reliever for [Name of Incumbent], who is on [type of leave/absence]. Employment shall commence on [date] and end upon the earlier of: (i) the return to work of [Incumbent] as certified by HR; or (ii) [long-stop date]. Upon such event, employment automatically terminates without separation pay.”

No promise of absorption

“Nothing herein guarantees regularization or continued employment beyond the term; any absorption shall require a new written agreement.”

Rights preserved

“Employee shall receive all statutory wages and benefits applicable to the position and hours worked.”

10) FAQs (fast answers)

Q: Can we end probation on Day 90 for poor performance? Yes, if standards were disclosed at hiring, and you observe due process (notice + chance to explain + final notice).

Q: Our probationary employee hit Day 181 and we forgot to decide—now what? They’re regular by operation of law. Termination must now observe rules for regular employees.

Q: Do relievers get 13th-month pay? Yes, pro-rated to basic salary actually earned within the year.

Q: Can we rotate a reliever through different absent employees? Risky. That looks like using a reliever to fill permanent staffing; it can support a claim of regularization.

Q: Are probationary/reliever workers covered by maternity/paternity/VAWC/Solo Parent leave? Yes, status alone doesn’t bar statutory leaves; check each law’s service/contribution prerequisites.

Q: Is separation pay due at the end of a reliever’s contract? No, for lawful fixed-term expiry. Separation pay applies to authorized causes, not ordinary end-of-term.

11) Quick HR audit (10 items)

Do your probationary contracts show exact end dates and specific standards?
Did you hand standards on Day-1 and get acknowledgment?
Are evaluations calendared (30/60/150) and actually done?
Are NTEs and decision notices template-ready?
Do reliever contracts name the incumbent and tie the term to their return?
Do you avoid serial reliever renewals for core roles?
Is final pay released within 30 days of separation?
Are all hires enrolled in SSS/PhilHealth/Pag-IBIG from Day 1?
Are statutory premiums (OT, holiday, night) configured in payroll?
Do you file DOLE notices for authorized terminations?

If you want, I can turn this into (a) a 2-page HR policy, (b) contract templates for probationary and reliever hires, or (c) a disciplinary/standards failure packet customized to your industry and region.