I. Introduction

Probationary employment is often misunderstood in Philippine labor law. Many employers assume that a probationary employee may be dismissed at any time, for any reason, and without notice simply because the employee has not yet attained regular status. This is incorrect.

Under Philippine law, a probationary employee enjoys security of tenure during the probationary period. While the employer has the right to assess the employee’s fitness, competence, attitude, and work performance, that right is not absolute. A probationary employee may be dismissed only for a just cause, an authorized cause, or failure to qualify as a regular employee according to reasonable standards made known to the employee at the time of engagement.

A dismissal without proper notice, without observance of due process, or without a lawful basis may constitute illegal dismissal.

II. Nature of Probationary Employment

Probationary employment is a form of employment where the employee is placed under observation and evaluation for a limited period to determine whether the employee is qualified for regular employment.

Article 296 of the Labor Code provides that probationary employment shall not exceed six months from the date the employee started working, unless covered by an apprenticeship agreement or a longer period is justified by the nature of the work and agreed upon by the parties.

The purpose of probation is to give the employer an opportunity to determine whether the employee meets the standards required for regular employment. It is not a license to terminate arbitrarily.

III. Security of Tenure of Probationary Employees

The Constitution and the Labor Code protect employees from dismissal except for a lawful cause and after compliance with due process.

Probationary employees are included in this protection. Their security of tenure is limited compared with regular employees, but it is still real and enforceable.

A probationary employee may be validly dismissed only on any of the following grounds:

Just causes under Article 297 of the Labor Code;
Authorized causes under Articles 298 and 299 of the Labor Code;
Failure to qualify as a regular employee based on reasonable standards made known at the time of engagement.

If none of these grounds exists, the dismissal is illegal.

IV. Grounds for Valid Dismissal of a Probationary Employee

A. Just Causes

Just causes refer to causes attributable to the employee’s fault or misconduct. These include:

Serious misconduct;
Willful disobedience of lawful and reasonable orders;
Gross and habitual neglect of duties;
Fraud or willful breach of trust;
Commission of a crime against the employer, the employer’s family, or authorized representatives;
Other causes analogous to the foregoing.

If the dismissal is based on a just cause, the employer must comply with procedural due process, including the two-notice rule and the opportunity to be heard.

B. Authorized Causes

Authorized causes are business-related or health-related grounds not necessarily due to employee fault. These include:

Installation of labor-saving devices;
Redundancy;
Retrenchment to prevent losses;
Closure or cessation of business;
Disease prejudicial to the employee or co-employees and where continued employment is prohibited by law or prejudicial to health.

For authorized causes, the employer must generally serve written notice to both the employee and the Department of Labor and Employment at least thirty days before the effectivity of termination, and must pay separation pay when required by law.

C. Failure to Meet Probationary Standards

A probationary employee may also be dismissed for failure to meet reasonable standards for regularization.

However, this rule has strict requirements:

The standards must be reasonable. They must be made known to the employee at the time of engagement. The assessment must be made in good faith. The employer must be able to show that the employee failed to meet those standards.

If the employer did not inform the employee of the standards at the start of employment, the employee may be deemed a regular employee from day one, especially if the standards were not self-evident from the nature of the work.

V. Requirement That Standards Be Made Known at the Time of Engagement

One of the most important rules in probationary employment is that the employer must inform the employee of the standards for regularization at the time the employee is hired.

This may be done through:

The employment contract;
Job offer;
Appointment letter;
Employee handbook;
Performance evaluation policy;
Written job description;
Orientation materials;
Other written communication clearly showing the applicable standards.

The standards should not be vague. General statements such as “subject to satisfactory performance” may be insufficient if they do not explain what satisfactory performance means.

Examples of clearer standards include:

Sales quota targets;
Attendance requirements;
Productivity metrics;
Quality standards;
Behavioral expectations;
Training milestones;
Customer service ratings;
Technical competency requirements;
Compliance with company policies;
Supervisor evaluation criteria.

If the employer cannot prove that these standards were communicated at the start, dismissal based on failure to qualify may be unlawful.

VI. Dismissal Without Notice

Dismissal without notice is a serious due process issue.

In Philippine labor law, termination generally has two aspects:

Substantive due process — there must be a valid cause for dismissal.
Procedural due process — the employee must be given the required notice and opportunity to be heard.

A dismissal may be illegal if there is no valid cause. Even if there is a valid cause, the employer may still be liable for nominal damages if procedural due process was not observed.

For probationary employees, notice is especially important because the employer must inform the employee why the employment is being terminated. A sudden dismissal without explanation may indicate arbitrariness, bad faith, or absence of a lawful ground.

VII. Procedural Due Process for Just Cause Dismissal

If the employer dismisses a probationary employee for a just cause, the employer must comply with the two-notice rule.

First Notice: Notice to Explain

The first notice must inform the employee of the specific acts or omissions complained of. It should state the company rule violated, the facts supporting the charge, and the possible consequence of dismissal.

The employee must be given a reasonable opportunity to submit a written explanation.

Opportunity to Be Heard

The employee must be given a meaningful opportunity to answer the charges. This does not always require a formal trial-type hearing, but a hearing or conference becomes necessary when requested by the employee, when substantial factual issues exist, or when company policy requires it.

Second Notice: Notice of Decision

After considering the employee’s explanation and evidence, the employer must issue a second written notice informing the employee of the decision and the reasons for dismissal.

A termination that skips these steps may violate procedural due process.

VIII. Procedural Due Process for Authorized Cause Dismissal

If the dismissal is based on an authorized cause, the employer must generally serve written notice to:

The employee; and
The Department of Labor and Employment.

The notice must be given at least thirty days before the intended date of termination.

The employer must also pay separation pay when required by law.

Failure to comply with these requirements may expose the employer to liability.

IX. Procedural Requirement for Failure to Qualify as Regular Employee

Dismissal for failure to meet probationary standards is treated differently from dismissal for just causes.

The employer does not necessarily need to observe the full two-notice rule applicable to just cause cases. However, the employer must still show that:

The employee was probationary;
The standards for regularization were reasonable;
The standards were communicated at the time of engagement;
The employee was evaluated based on those standards;
The employee failed to meet those standards;
The dismissal was made before the expiration of the probationary period;
The employee was informed of the reason for termination.

A bare statement that the employee “failed probation” is often insufficient if unsupported by evaluation records, performance reports, warnings, coaching notes, or other evidence.

X. When a Probationary Employee Becomes Regular

A probationary employee becomes regular in several situations.

First, if the employee is allowed to work beyond the probationary period, the employee becomes regular by operation of law.

Second, if the employer failed to make known the reasonable standards for regularization at the time of engagement, the employee may be deemed regular from the beginning.

Third, if the position is necessary or desirable to the usual business of the employer and the probationary arrangement is invalid, the employee may be treated as regular.

Fourth, if the employer repeatedly hires the same worker under successive probationary contracts to avoid regularization, this may be considered labor-only avoidance or circumvention of security of tenure.

XI. The Six-Month Rule

As a general rule, probationary employment must not exceed six months.

The six-month period is usually counted from the date the employee started working, not from the date of contract signing if the employee actually began work earlier.

A common issue arises when an employer terminates the employee on or near the last day of probation. The employer must ensure that the termination is made before the employee becomes regular. If the employee is allowed to continue working beyond the probationary period, regular status may attach.

Employers should not wait until after the probationary period has expired before deciding whether to regularize or terminate. Once regularization occurs by operation of law, dismissal requires the standards applicable to regular employees.

XII. Illegal Dismissal of a Probationary Employee

A probationary employee may claim illegal dismissal if any of the following circumstances exists:

The employee was dismissed without just cause, authorized cause, or valid failure to meet standards;
The employee was not informed of the standards for regularization at the time of hiring;
The standards were unreasonable, vague, or arbitrary;
The employer failed to show actual evaluation;
The dismissal was based on discrimination, retaliation, union activity, whistleblowing, pregnancy, illness, or other unlawful reason;
The employee was dismissed after becoming regular by operation of law;
The employer used probationary status to evade regular employment;
The employee was terminated verbally without written notice or explanation;
The employer fabricated poor performance after dismissal;
The employer failed to observe required due process.

XIII. Verbal Dismissal

A verbal dismissal may still be a dismissal.

Employers sometimes argue that no dismissal occurred because there was no written termination letter. However, if the employee was told not to report anymore, removed from the schedule, denied access to work tools, blocked from the workplace, deleted from company systems, or otherwise prevented from working, there may be constructive or actual dismissal.

The law looks at the substance of the employer’s acts, not merely the form.

A verbal dismissal without written notice is risky for employers and may support a finding that the dismissal was illegal or procedurally defective.

XIV. Constructive Dismissal During Probation

Constructive dismissal occurs when continued employment is rendered impossible, unreasonable, or unlikely, or when there is a demotion in rank, diminution in pay, or clear discrimination, insensibility, or disdain by the employer.

A probationary employee may be constructively dismissed if the employer pressures the employee to resign, imposes unbearable conditions, withholds work, humiliates the employee, or forces resignation to avoid termination liability.

A resignation obtained through coercion, intimidation, deceit, or unbearable pressure may be treated as dismissal.

XV. Forced Resignation

Employers may not avoid illegal dismissal liability by forcing a probationary employee to resign.

Signs of forced resignation include:

The employee was told to resign or be terminated;
The resignation letter was prepared by the employer;
The employee was not given time to think;
The employee immediately protested after resigning;
The employee had no clear reason to resign voluntarily;
The resignation was made under threat, pressure, or intimidation;
The employer withheld salary or clearance unless the employee resigned.

A valid resignation must be voluntary, clear, and intentional.

XVI. Burden of Proof

In illegal dismissal cases, the employer bears the burden of proving that the dismissal was valid.

The employer must prove both the lawful cause and compliance with due process.

For probationary employment, the employer must also prove that the employee was properly informed of the standards for regularization at the time of engagement.

The employee generally needs to show that an employer-employee relationship existed and that dismissal occurred. Once dismissal is established, the burden shifts to the employer to prove validity.

XVII. Evidence in Probationary Employee Illegal Dismissal Cases

Evidence Useful to the Employee

A probationary employee may use the following evidence:

Employment contract;
Job offer;
Appointment letter;
Company ID;
Payslips;
Payroll records;
Time records;
Emails or messages assigning work;
Performance feedback;
Chat messages showing dismissal;
Screenshots of being removed from systems;
Witness statements;
HR communications;
Notice of termination, if any;
Proof that no standards were communicated;
Proof of good performance;
Commendations or positive evaluations;
Proof of discrimination or retaliation;
Medical records, if dismissal involved illness;
Proof that the employee continued working beyond six months.

Evidence Useful to the Employer

The employer may rely on:

Signed employment contract;
Written probationary standards;
Employee acknowledgment of standards;
Job description;
Performance evaluations;
Coaching records;
Warning notices;
Attendance records;
Incident reports;
Supervisor assessments;
Notice to explain;
Employee explanation;
Minutes of administrative hearing;
Notice of decision;
DOLE notice for authorized causes;
Proof of separation pay, if applicable.

The absence of documentation may weaken the employer’s defense.

XVIII. Remedies for Illegal Dismissal

A probationary employee who is illegally dismissed may be entitled to legal remedies.

The exact remedy depends on the circumstances, especially whether the employee had already become regular, whether reinstatement is feasible, and whether the probationary period has already expired.

A. Reinstatement

Reinstatement means restoration to the position without loss of seniority rights and other privileges.

For regular employees, reinstatement is a primary remedy in illegal dismissal cases. For probationary employees, reinstatement may be ordered if appropriate, especially where the dismissal prevented the employee from completing the probationary period or where the employee is deemed regular.

However, in some cases involving probationary employees, separation pay in lieu of reinstatement may be awarded when reinstatement is no longer practical.

B. Backwages

Backwages compensate the employee for income lost due to illegal dismissal.

If the employee is deemed regular, full backwages may be awarded from the time compensation was withheld until actual reinstatement or finality of the decision when separation pay is awarded in lieu of reinstatement.

For probationary employees who were not yet regular, the computation may depend on the nature of the illegality and the remaining period of probation or the finding that the employee should be deemed regular.

C. Separation Pay in Lieu of Reinstatement

Separation pay may be awarded instead of reinstatement when reinstatement is no longer feasible due to strained relations, closure of business, abolition of position, or other practical considerations.

This should not be confused with separation pay for authorized causes. Separation pay in lieu of reinstatement is an equitable remedy in illegal dismissal cases.

D. Nominal Damages

If there was a valid cause for dismissal but the employer failed to observe procedural due process, the dismissal may be upheld, but the employer may be ordered to pay nominal damages.

Nominal damages vindicate the employee’s right to due process.

E. Moral and Exemplary Damages

Moral damages may be awarded when the dismissal was attended by bad faith, fraud, oppression, or acts contrary to morals, good customs, or public policy.

Exemplary damages may be awarded when the dismissal was carried out in a wanton, oppressive, or malevolent manner.

These damages are not automatic. They must be supported by evidence.

F. Attorney’s Fees

Attorney’s fees may be awarded when the employee was compelled to litigate or incur expenses to protect rights, usually up to ten percent of the monetary award when justified.

XIX. No Notice, No Hearing, No Evaluation: Common Employer Mistakes

Employers often commit errors in handling probationary employees. Common mistakes include:

Failing to issue a written contract;
Failing to specify probationary standards;
Communicating standards only after hiring;
Using vague performance standards;
Terminating verbally;
Giving immediate termination without explanation;
Treating probationary status as employment at will;
Terminating after the six-month period;
Failing to document performance issues;
Using poor performance as a pretext for unlawful reasons;
Forcing resignation;
Failing to give notice for authorized causes;
Not paying final wages;
Misclassifying regular employees as probationary.

These mistakes may expose the employer to illegal dismissal liability.

XX. Common Employee Mistakes

Employees also make mistakes that may weaken their case. These include:

Signing resignation letters without protest;
Failing to keep copies of documents;
Deleting messages or emails;
Not asking for the reason for dismissal in writing;
Waiting too long before filing a complaint;
Failing to attend mandatory conferences;
Making unsupported allegations;
Ignoring company notices;
Refusing to submit explanations;
Posting defamatory statements online.

A dismissed probationary employee should preserve evidence and seek advice promptly.

XXI. Final Pay and Other Money Claims

Even if the employer believes the dismissal is valid, the employee remains entitled to lawful unpaid amounts, such as:

Unpaid salary;
Salary for days worked;
Pro-rated 13th month pay;
Unused service incentive leave, if applicable;
Contractual benefits;
Allowances already earned;
Reimbursements;
Separation pay, if applicable;
Other company policy benefits.

Final pay is separate from the legality of dismissal. An employer cannot withhold earned wages merely because the employee was terminated or has a pending clearance issue, except for lawful deductions.

XXII. Preventive Suspension and Probationary Employees

A probationary employee may be placed under preventive suspension if continued presence poses a serious and imminent threat to the life or property of the employer or co-workers.

Preventive suspension should not be used as punishment. It must be justified and should comply with legal limits.

If the employer suspends the employee indefinitely or uses suspension to force resignation, this may support a claim of constructive dismissal.

XXIII. Discrimination and Retaliatory Dismissal

A probationary employee cannot be dismissed for unlawful discriminatory or retaliatory reasons.

Illegal grounds may include:

Pregnancy;
Gender;
Sexual orientation or gender identity, where protected by applicable policies or ordinances;
Disability;
Religion;
Union activity;
Filing complaints with DOLE;
Reporting illegal practices;
Refusing unsafe work;
Asserting labor rights;
Illness or medical condition, where dismissal does not comply with law.

An employer cannot use “failure to qualify” as a mask for discrimination or retaliation.

XXIV. Pregnancy During Probation

A probationary employee cannot be dismissed merely because she is pregnant.

If an employer terminates a probationary employee after learning of pregnancy and cannot show valid performance-based or lawful grounds, the dismissal may be challenged as discriminatory.

Pregnancy does not exempt the employee from reasonable performance standards, but the employer must ensure that any dismissal is based on legitimate, documented, and non-discriminatory grounds.

XXV. Illness During Probation

Illness alone does not automatically justify dismissal.

If the employer relies on disease as a ground for termination, legal requirements must be observed, including medical certification where required and proof that continued employment is prohibited by law or prejudicial to the employee’s or co-employees’ health.

Absences due to illness may be relevant to attendance standards, but the employer must act reasonably and in accordance with law, contract, and company policy.

XXVI. Probationary Employees and Project, Seasonal, Casual, or Fixed-Term Work

Probationary employment should not be confused with other employment classifications.

A probationary employee is being tested for possible regular employment. A project employee is hired for a specific project or undertaking. A seasonal employee works during a particular season. A casual employee performs work not usually necessary or desirable to the employer’s business, unless the employee has rendered at least one year of service. A fixed-term employee works under a valid fixed-term agreement.

Mislabeling an employee can lead to disputes. Courts and labor tribunals look at the real nature of the work and the circumstances of employment, not merely the label used in the contract.

XXVII. “End of Contract” Is Not Always a Valid Reason

Some employers issue notices stating that the employee’s “contract has ended” or that the employee is “end of contract” even when the employee was probationary.

For probationary employment, the proper issue is not simply contract expiration. The employer must show that the employee failed to qualify based on known standards, or that another lawful cause exists.

A probationary employee is not a disposable contractual worker. The employer must still respect security of tenure.

XXVIII. Floating Status

Floating status usually applies in industries where temporary suspension of operations or lack of available work may occur. It should not be used casually to avoid regularization or dismissal obligations.

If a probationary employee is placed on floating status without genuine business reason, without definite duration, or as a strategy to avoid deciding on regularization, this may be challenged.

XXIX. Illegal Dismissal Complaint Procedure

A probationary employee who believes they were illegally dismissed may file a complaint before the National Labor Relations Commission through the appropriate Regional Arbitration Branch.

The case usually begins with mandatory conciliation-mediation under the Single Entry Approach or related mechanisms, depending on the claim and forum requirements. If no settlement is reached, the case may proceed to compulsory arbitration.

Claims may include:

Illegal dismissal;
Reinstatement;
Backwages;
Separation pay;
Unpaid wages;
13th month pay;
Service incentive leave pay;
Damages;
Attorney’s fees;
Other money claims.

XXX. Prescription Period

Illegal dismissal actions generally prescribe in four years.

Money claims arising from employer-employee relations generally prescribe in three years.

Employees should not delay filing because evidence may be lost, witnesses may become unavailable, and delay may be used against the claim.

XXXI. Quitclaims and Waivers

Employers sometimes require employees to sign quitclaims, waivers, or releases after termination.

Quitclaims are not automatically invalid. They may be upheld if voluntarily signed, supported by reasonable consideration, and not contrary to law or public policy.

However, quitclaims may be invalidated if the employee signed under fraud, intimidation, coercion, mistake, undue pressure, or if the consideration was unconscionably low.

A probationary employee should read any document carefully before signing.

XXXII. Settlement

Settlement is common in labor disputes. It may be practical when both parties wish to avoid litigation.

A fair settlement should usually address:

Final pay;
Pro-rated 13th month pay;
Possible backwages;
Separation pay or financial assistance;
Certificate of employment;
Tax treatment;
Release and quitclaim;
Confidentiality, if agreed;
Non-disparagement, if agreed;
Return of company property.

Employees should avoid signing settlement documents without understanding the legal consequences.

XXXIII. Certificate of Employment

A dismissed employee is generally entitled to a certificate of employment stating the dates of employment and the type of work performed.

The employer should not use the certificate of employment as leverage to force a waiver or quitclaim.

XXXIV. Practical Guidance for Employees

A probationary employee dismissed without notice should consider the following steps:

Ask for a written explanation of the termination;
Request a copy of the employment contract and evaluation records;
Preserve emails, chats, payslips, schedules, and access logs;
Write down the timeline of events;
Identify witnesses;
Avoid signing resignation or quitclaim documents under pressure;
File a complaint within the proper period if settlement fails;
Include unpaid wages and benefits in the claim;
Remain professional in communications;
Seek legal advice when possible.

XXXV. Practical Guidance for Employers

Employers should observe the following:

Use a written probationary employment contract;
State the probationary period clearly;
Communicate reasonable standards at the time of hiring;
Obtain written acknowledgment from the employee;
Conduct periodic evaluations;
Document coaching and performance issues;
Avoid vague conclusions;
Give written notice of termination;
Observe the two-notice rule for just cause dismissals;
Serve thirty-day notices for authorized cause dismissals;
Avoid terminating for discriminatory or retaliatory reasons;
Decide before the probationary period expires;
Pay final wages and benefits promptly;
Keep records.

Good documentation is often the difference between a valid dismissal and an illegal dismissal finding.

XXXVI. Sample Legal Issues in a Probationary Dismissal Case

A labor tribunal may examine the following questions:

Was the employee truly probationary?
When did the employee start working?
What was the agreed probationary period?
Did the employer communicate regularization standards at the time of engagement?
Were the standards reasonable?
Did the employee acknowledge the standards?
Did the employee fail to meet the standards?
Is there documentary evidence of poor performance?
Was the dismissal made before the employee became regular?
Was the employee given notice?
Was the dismissal actually based on misconduct?
If based on misconduct, was the two-notice rule followed?
If based on authorized cause, were DOLE and employee notices served?
Was separation pay required and paid?
Was the dismissal discriminatory or retaliatory?
Was the resignation voluntary or forced?
What monetary awards are due?

XXXVII. Illustrative Situations

Situation 1: No Standards Given

An employee is hired as a probationary marketing assistant. The contract merely states that employment is probationary for six months but does not state any standards for regularization. After four months, the employer terminates the employee for “failure to meet company standards.”

This dismissal may be illegal because the employer failed to prove that reasonable standards were made known at the time of engagement.

Situation 2: Poor Performance With Proper Standards

An employee is hired as a probationary sales representative. The contract states the monthly quota, reporting requirements, attendance standards, and evaluation process. The employee repeatedly fails to meet quota despite coaching. The employer documents the failures and terminates the employee before the six-month period expires.

This may be a valid dismissal for failure to qualify, assuming the employer acted in good faith and informed the employee of the reason.

Situation 3: Misconduct Without Due Process

A probationary employee is accused of theft and immediately terminated without notice to explain, investigation, or opportunity to respond.

Even if the accusation is serious, the employer may be liable for violating procedural due process. If the theft is not proven, the dismissal may be illegal.

Situation 4: Termination After Six Months

A probationary employee continues working after the six-month period. Two weeks later, the employer terminates the employee for “failed probation.”

The employee may already be regular. The employer can no longer rely on probationary failure and must prove a lawful cause for dismissing a regular employee.

Situation 5: Verbal Termination

A manager tells a probationary employee, “Do not report tomorrow. You failed probation.” No written notice, evaluation, or standards are given.

This may support a complaint for illegal dismissal, especially if the employer cannot prove communicated standards and valid evaluation.

XXXVIII. Distinction Between Illegal Dismissal and Procedural Defect

It is important to distinguish between two situations.

First, there is illegal dismissal when there is no lawful substantive ground. In this case, the employee may be entitled to reinstatement, backwages, or separation pay in lieu of reinstatement.

Second, there is a procedurally defective dismissal when a valid ground exists but the employer failed to observe proper procedure. In this case, the dismissal may still be upheld, but the employer may be ordered to pay nominal damages.

For probationary employees, the distinction matters. If the employee truly failed known standards, the dismissal may be substantively valid. But if the employer gave no written notice or failed to explain the basis, procedural liability may still arise.

XXXIX. Management Prerogative and Its Limits

Employers have management prerogative to hire, evaluate, discipline, and dismiss employees. This includes the right to determine whether a probationary employee qualifies for regular employment.

However, management prerogative must be exercised in good faith, with fairness, and in accordance with law. It cannot defeat the employee’s right to security of tenure.

An employer’s judgment that a probationary employee is unfit must be supported by reasonable standards and evidence. Arbitrary, discriminatory, or bad-faith dismissals are not protected by management prerogative.

XL. Key Doctrines

The key doctrines on probationary dismissal are:

A probationary employee enjoys security of tenure.
Probationary employment generally cannot exceed six months.
The employer must communicate reasonable standards for regularization at the time of engagement.
If standards are not communicated, the employee may be deemed regular.
A probationary employee may be dismissed for just cause, authorized cause, or failure to meet known standards.
Dismissal for just cause requires the two-notice rule.
Dismissal for authorized cause requires statutory notice and separation pay when applicable.
Failure to qualify must be proven by the employer.
Verbal or immediate dismissal without explanation is legally risky.
The employer bears the burden of proving valid dismissal.
Illegal dismissal may result in reinstatement, backwages, separation pay, damages, and attorney’s fees.
A valid cause with defective procedure may result in nominal damages.

XLI. Conclusion

Probationary employment in the Philippines is not employment at will. A probationary employee may be under evaluation, but the employee is still protected by labor law.

An employer who dismisses a probationary employee without notice, without communicated standards, without evaluation, or without lawful cause risks a finding of illegal dismissal. The mere label of “probationary” does not remove the employee’s constitutional and statutory right to security of tenure.

For employers, the safest approach is to define standards clearly, communicate them at hiring, evaluate fairly, document performance, and observe proper notice requirements.

For employees, the most important steps are to preserve evidence, determine whether standards were made known, check whether the probationary period had already expired, and assert rights promptly.

In the Philippine labor law framework, fairness and due process remain essential. Probation is a period of assessment, not a period of arbitrary dismissal.