1) Why probationary employees still have rights

In Philippine labor law, probationary employment is not “employment at will.” A probationary employee is still an employee protected by the Constitution’s guarantee of security of tenure and by the Labor Code’s rules on lawful termination. Probationary status mainly affects one thing: the employer may end employment if the employee fails to meet reasonable standards that were made known at the time of engagement, or for other lawful grounds (just/authorized causes) that apply to employees generally.

So when a probationary employee is terminated without prior warnings, the key legal questions are not just “Were there warnings?” but:

What ground did the employer rely on?
Was that ground valid and proven?
Were the standards communicated properly (if performance/qualification is the issue)?
Was due process observed?
Was the dismissal actually a way to avoid regularization?

Warnings matter—but their legal importance depends on the ground used.

2) Probationary employment basics you should know

A. Maximum duration (general rule)

A probationary period is generally up to six (6) months. After that, the employee typically becomes regular by operation of law if they continue working, unless a recognized exception applies (e.g., specific industries/training structures or valid arrangements recognized in law/jurisprudence).

B. What “probationary” really means

A probationary employee is being assessed whether they meet reasonable standards for regularization. But the employer must be able to show:

What the standards are, and
That the employee knew them at the start, and
That the employee failed them, supported by evidence.

3) Lawful grounds to terminate a probationary employee

A probationary employee may be terminated only for lawful causes, usually falling under:

(1) Failure to meet regularization standards (probationary qualification)

This is the ground most associated with probationary employment.

Employer must prove:

The standards are reasonable;
The standards were made known to the employee at the time of engagement (often through the contract, handbook acknowledgment, job description, KPIs, performance standards, training plan, etc.); and
The employee failed to meet them based on a fair assessment.

If the employer cannot prove these, termination may be illegal.

(2) Just causes (employee fault)

These are grounds like serious misconduct, willful disobedience, gross and habitual neglect, fraud/breach of trust, commission of a crime, and analogous causes.

For just causes, prior warnings are not always required, especially if the act is severe. However, employers must still prove:

The acts happened; and
They amount to a lawful just cause; and
Procedural due process was followed.

(3) Authorized causes (business reasons)

These include redundancy, retrenchment, closure/cessation, installation of labor-saving devices, and disease (subject to legal requirements). These can apply even during probationary employment.

For authorized causes, the focus is less on warnings and more on:

The business reason is real and documented;
Statutory notice requirements are met; and
Separation pay requirements (where applicable) are followed.

4) “No prior warnings” — does that make the termination illegal?

Not automatically. The impact of “no warnings” depends on the legal ground invoked.

A. If the ground is “failure to meet standards” (performance/qualification)

Lack of warnings can be a big red flag, because it may indicate:

The standards were never communicated properly; or
The evaluation was not genuine; or
The employee was not given a fair chance to improve; or
The termination was designed to avoid regularization.

While the law emphasizes that standards must be made known at engagement, good faith assessment usually involves coaching, feedback, and documentation. If the employer suddenly ends employment for “poor performance” with no prior feedback, records, metrics, or documented standards, the employer may struggle to prove a valid probationary dismissal.

Practical legal point: In disputes, employers typically need concrete evidence (KPIs, evaluation forms, training assessments, incident reports, quality audits, scorecards). If they have none, “no warnings” strengthens the employee’s claim that the dismissal was arbitrary.

B. If the ground is a just cause (misconduct, etc.)

Prior warnings may be helpful but not required in every case. For example:

A single serious offense may justify dismissal even without prior warnings.
But for issues like minor infractions or negligence that is not “gross and habitual,” employers often rely on progressive discipline to show proportionality and fairness.

Even without warnings, the employer must still satisfy due process (see Section 5).

C. If the ground is an authorized cause (redundancy/retrenchment/etc.)

Warnings are generally not the concept here. The key is statutory notices, selection criteria (for redundancy), proof of financial necessity (for retrenchment), and separation pay compliance.

5) Due process rights of probationary employees

A. For just causes (disciplinary termination)

The generally accepted due process framework is:

First written notice (Notice to Explain / Charge Sheet)
- States the specific acts/omissions complained of.
- Gives the employee a real opportunity to respond and submit an explanation with evidence.
Opportunity to be heard
- This may be a hearing/conference when requested, when there are factual disputes, or when company rules require it—or at least a meaningful chance to respond.
Second written notice (Notice of Decision/Termination)
- States that the employer has considered the explanation and that termination is the penalty, with reasons.

If the employer terminates immediately with no notice and no chance to explain, that is typically procedural due process violation. Depending on the merits, it can lead to damages even if there was a valid cause, and can support a finding of illegal dismissal if the cause is not proven.

B. For failure to meet probationary standards

Employers must still observe fairness and due process—at minimum:

The employee must be informed that they did not meet the standards;
The basis for that conclusion should be explained;
The employee should have a chance to respond, especially if the evaluation is disputed.

If the employer simply says “you failed” without showing the standards and the basis, it is easier for a court/tribunal to view the termination as arbitrary.

C. For authorized causes

Due process requirements are more rigid and time-based, typically involving:

Written notice to the employee within the required period; and
Written notice to DOLE within the required period; and
Compliance with separation pay rules where required.

Failure here can lead to liability even if the business reason is real.

6) The “standards must be made known” rule: what counts as “made known”?

To terminate a probationary employee for failure to qualify, an employer should be able to show that, at the time the employee was hired, the employee was informed of standards such as:

written probationary clause in the employment contract;
job description and performance metrics (KPIs);
quality/production standards;
attendance and conduct standards tied to regularization;
training plan with pass/fail criteria;
employee handbook and code of conduct acknowledgment.

If the standards were vague (“must be satisfactory,” “must meet expectations”) with no measurable basis, disputes often turn against the employer—especially if the termination is close to the end of probation and appears designed to avoid regularization.

7) Common illegal patterns in “no warning” probationary terminations

These are frequent fact patterns that can support a claim:

No written probationary standards at hiring, then later claiming “failed evaluation.”
Sudden termination near the 5th–6th month without documentation.
Changing standards midstream (e.g., new KPIs introduced later then used to terminate).
Inconsistent treatment (others with similar performance retained; no objective criteria).
Masked authorized causes (e.g., “poor performance” used when it’s actually downsizing).
Retaliation (terminated after asserting rights—complaints, benefits, overtime, etc.).
Constructive dismissal disguised as probation failure (forced resignation, coercion, humiliation, impossible quotas, severe pay/benefit withholding).

8) Burden of proof: who must prove what?

In termination disputes, the employer generally carries the burden to prove that the dismissal was for a valid cause and that due process was observed.

For probationary “failure to meet standards,” the employer must prove:

standards existed, were reasonable, and were made known at engagement; and
the employee failed them based on evidence.

If the employer cannot produce documentation, the employee’s claim becomes substantially stronger.

9) Remedies if the termination is illegal or procedurally defective

A. If termination is found illegal

Possible remedies commonly include:

Reinstatement (to the same position without loss of seniority rights), and
Full backwages from dismissal until reinstatement.

If reinstatement is no longer viable (e.g., strained relations, business closure, etc.), tribunals may award:

Separation pay in lieu of reinstatement, plus
Backwages (depending on the case disposition).

B. If there was a valid cause but due process was violated

Even if the cause is valid, failure to observe proper procedure can result in monetary liability (often framed as damages for violation of due process).

C. Money claims that may accompany the case

Separate from the dismissal issue, an employee may also pursue:

unpaid wages, holiday pay, overtime, night shift differential;
13th month pay;
service incentive leave conversions (if applicable);
illegal deductions;
withholding of final pay not in accordance with rules/company policy.

(These depend heavily on facts and documentation.)

10) What a probationary employee should do after being terminated without warnings

Step 1: Secure documents (and keep screenshots)

Collect:

employment contract and probationary clause;
handbook acknowledgments;
job description/KPIs;
performance evaluations;
emails/chats about feedback, targets, errors, training;
termination notice or messages;
payslips, DTRs, company memos.

Step 2: Ask for the official reason in writing

If the employer only gave a verbal reason, request:

the ground for termination;
the standards allegedly not met;
supporting evaluation records;
copies of notices (if any).

Step 3: Write a contemporaneous narrative

While fresh:

timeline of events;
who said what;
dates of coaching (or absence of it);
performance stats you can prove.

Step 4: Use the labor dispute mechanisms

A common path is:

conciliation-mediation (often via DOLE’s SEnA process), then
escalation to adjudication if unresolved.

Step 5: Be careful about resignation or quitclaims

Do not sign resignation letters, waivers, or quitclaims under pressure without understanding consequences. Some quitclaims may be challenged, but they can complicate cases.

11) Guidance for employers (to avoid liability)

Employers who want lawful probationary terminations should ensure:

probationary standards are written and acknowledged at hiring;
evaluations are objective, documented, and consistent;
coaching/feedback is recorded (even brief email summaries);
disciplinary cases follow notice and opportunity to explain;
authorized causes comply with DOLE/notice/separation pay requirements;
termination decisions are not timed or structured to evade regularization.

12) Quick “myth vs reality” list

Myth: “Probationary employees can be fired anytime.” Reality: They can only be terminated for lawful causes, and employers must prove cause and observe due process.

Myth: “No warnings = automatic illegal dismissal.” Reality: Not automatic. But lack of warnings can strongly undermine the employer’s case, especially for “performance” terminations.

Myth: “Performance failure doesn’t need standards.” Reality: For probationary qualification, standards must be made known at engagement and must be reasonable and provable.

Myth: “Verbal termination is fine.” Reality: Termination should be properly documented; lack of written notices often signals due process problems.

13) Bottom line

A probationary employee terminated without prior warnings may still have strong legal protections. The case usually turns on:

Was the ground valid?
Were the standards clear and communicated from the start (if performance-based)?
Was due process actually given?
Is the termination really about avoiding regularization or masking downsizing?

If you want, share (1) the stated reason for termination, (2) how many months you had worked, and (3) what documents/notices you received, and I’ll map the likely legal strengths/weaknesses and the best next steps based on that fact pattern.