Salary Increase After Probationary Employment in the Philippines

I. Introduction

In the Philippines, many employees expect that passing the probationary period will automatically result in a salary increase. This expectation is common, especially when an employee has completed the usual six-month probationary period, has been retained by the employer, and has become a regular employee.

Legally, however, regularization does not automatically entitle an employee to a salary increase unless the increase is required by law, contract, company policy, collective bargaining agreement, employer practice, or a specific promise made by the employer.

The key legal issue is not simply whether the employee has become regular. The more important question is: What is the legal, contractual, or policy basis for the salary increase?

This article discusses salary increases after probationary employment under Philippine labor law, including the nature of probationary employment, regularization, minimum wage rules, contractual rights, company policies, employer discretion, labor standards, non-diminution of benefits, and practical remedies.


II. Probationary Employment Under Philippine Labor Law

Probationary employment is recognized under the Labor Code of the Philippines. It allows an employer to observe and evaluate whether a newly hired employee qualifies for regular employment.

A probationary employee is not a casual worker. A probationary employee is an employee with legal rights, including the right to receive wages, statutory benefits, due process, and protection against illegal dismissal.

The usual maximum probationary period is six months from the date the employee started working, unless a longer period is justified by the nature of the work, apprenticeship rules, or a valid agreement supported by law or jurisprudence.

The purpose of probationary employment is to allow the employer to determine whether the employee meets the standards for regular employment. These standards must generally be made known to the employee at the time of engagement. If the employer fails to inform the employee of the reasonable standards for regularization, the employee may be deemed a regular employee from the start.


III. What Happens After the Probationary Period?

After the probationary period, several outcomes are possible:

  1. The employee is regularized.
  2. The employee is dismissed for failure to meet reasonable standards.
  3. The employee is dismissed for just or authorized cause.
  4. The employer allows the employee to continue working beyond the probationary period without valid termination.

If the employee is allowed to work after the probationary period, the employee generally becomes a regular employee by operation of law.

Regularization means the employee now enjoys security of tenure as a regular employee. The employee may not be dismissed except for just cause or authorized cause and only after observance of due process.

However, regularization and salary increase are legally distinct matters. Becoming regular gives the employee stronger job security, but it does not by itself guarantee higher pay.


IV. Is a Salary Increase Mandatory After Probationary Employment?

As a general rule, no. Philippine labor law does not impose a general automatic salary increase merely because an employee has passed the probationary period.

An employee who becomes regular after probation is entitled to continued employment and statutory benefits, but not necessarily to a higher salary unless there is a legal or contractual basis for the increase.

A salary increase after probation becomes mandatory only when required by one or more of the following:

  1. A written employment contract;
  2. A company policy or employee handbook;
  3. A collective bargaining agreement;
  4. An established and consistent company practice;
  5. A wage order or minimum wage law;
  6. A promotion or change in job classification;
  7. A specific promise or representation made by the employer;
  8. A law requiring adjustment of compensation or benefits;
  9. A valid agreement between employer and employee.

Without any of these, the employer generally has discretion whether to grant a salary increase upon regularization.


V. Regularization Is Not the Same as Promotion

One common misunderstanding is that regularization is equivalent to promotion. It is not.

Regularization means that the employee has attained regular employment status after meeting the standards of the probationary period or after being allowed to continue working beyond it.

Promotion means movement to a higher position, higher rank, higher responsibility, or higher pay grade.

A salary increase is more commonly associated with promotion than with regularization. If the employee’s duties, responsibilities, title, and rank remain the same after probation, the employer may legally retain the same salary, provided the salary complies with labor standards and any binding agreement.

But if the employee is regularized and simultaneously given a higher position, heavier responsibilities, or a new job classification with a higher pay scale, the employee may have a stronger basis to claim a salary adjustment.


VI. Minimum Wage Compliance

Even if regularization does not automatically require a salary increase, the employer must always comply with minimum wage laws.

The employee’s wage must not fall below the applicable minimum wage set by the relevant Regional Tripartite Wages and Productivity Board. Minimum wage rates vary depending on region, industry, establishment size, and sometimes sector.

If the employee was paid below the minimum wage during probation, the issue is not merely whether the employee should receive an increase after probation. The issue is that the employer may have violated labor standards from the beginning.

Upon the effectivity of a new wage order, covered employees are entitled to the mandated wage increase regardless of whether they are probationary or regular, unless they are lawfully exempted under applicable rules.

Thus, if a wage order increases the minimum wage during or after the probationary period, the employer must comply. This is not because of regularization, but because of wage law.


VII. Contractual Salary Increase After Probation

A salary increase after probation becomes enforceable if the employment contract provides for it.

For example, a contract may state:

“The employee shall receive ₱25,000 per month during the probationary period and ₱30,000 per month upon regularization.”

In that case, once the employee satisfies the condition for regularization, the salary increase becomes a contractual obligation. The employer cannot simply refuse to grant it without legal justification.

The wording of the contract matters. Compare the following:

“The employee may be considered for salary adjustment upon regularization.”

This language is weaker. It suggests discretion, not automatic entitlement.

By contrast:

“The employee shall receive a salary adjustment upon regularization.”

This creates a stronger legal basis.

The words shall, will, entitled, and upon regularization often indicate a mandatory benefit. The words may, subject to management approval, depending on performance, or subject to company discretion usually indicate that the increase is not automatic.


VIII. Company Policy or Employee Handbook

A company policy may also create an enforceable right to a salary increase after probation.

For example, an employee handbook may state that all employees who pass probation shall receive a salary adjustment based on a specified scale. If the policy is clear, consistently applied, and communicated to employees, the employer may be bound by it.

Company policies may provide for:

  1. A fixed increase upon regularization;
  2. A percentage increase;
  3. A salary adjustment based on performance rating;
  4. Movement from probationary rate to regular rate;
  5. Inclusion in a salary grade system;
  6. Eligibility for benefits upon regularization.

If the company policy states only that employees “may be reviewed” after probation, that may not create a guaranteed increase. It may only require the employer to evaluate compensation.

However, if the policy says that employees “shall receive” a specific regularization increase, the employee has a stronger claim.


IX. Collective Bargaining Agreement

For unionized workplaces, the collective bargaining agreement may provide salary increases, wage scales, step increments, regularization benefits, or classification adjustments.

If the employee belongs to the bargaining unit and the CBA covers regularized employees, the employee may become entitled to benefits under the CBA upon regularization.

A CBA may provide:

  1. Wage increases by year;
  2. Salary grades;
  3. probationary-to-regular wage adjustments;
  4. allowances;
  5. seniority-based increases;
  6. regularization bonuses;
  7. benefits available only to regular employees.

If the CBA contains such provisions, the employer must comply. The employee’s right arises not from regularization alone, but from the CBA.


X. Established Company Practice

Even if there is no written contract or handbook provision, an employer may be bound by an established company practice.

A company practice may exist when an employer has consistently and deliberately granted a benefit over a substantial period, creating a reasonable expectation among employees.

For example, if an employer has always granted a 10% increase to all employees upon regularization for many years, and this practice is uniform, voluntary, and known, employees may argue that the benefit has ripened into a company practice.

However, not every repeated act becomes a binding practice. The following factors matter:

  1. The benefit must be given consistently.
  2. It must be deliberate, not accidental.
  3. It must be granted over a significant period.
  4. It must be known or reasonably expected.
  5. It must not be clearly discretionary or conditional.
  6. It must not be a one-time act of generosity.

If the employer gave increases to some employees but not others based on performance or business conditions, it may be harder to prove a binding company practice.


XI. Non-Diminution of Benefits

The doctrine of non-diminution of benefits prevents an employer from unilaterally withdrawing or reducing benefits that have become part of the employees’ compensation package.

This doctrine may apply to salary increases after probation if the employer has established a regular practice of granting them and employees have come to rely on the benefit.

For example, if an employer has consistently granted a fixed regularization increase to all employees for several years, suddenly stopping the practice without valid reason may raise a non-diminution issue.

But the doctrine does not apply if there was no existing benefit in the first place. An employee cannot invoke non-diminution to demand a salary increase that was never promised, granted, practiced, or legally required.


XII. Employer Discretion and Management Prerogative

Employers generally have the right to manage their business, including decisions involving compensation, salary structures, promotions, performance evaluations, and merit increases.

This is part of management prerogative.

However, management prerogative is not absolute. It must be exercised:

  1. In good faith;
  2. Without discrimination;
  3. Without bad faith or abuse of right;
  4. In accordance with law;
  5. In accordance with contract;
  6. In accordance with company policy;
  7. Without violating labor standards;
  8. Without union-busting or unfair labor practice.

Thus, an employer may decide not to grant a salary increase after probation if no law, agreement, policy, or practice requires it. But the employer may not deny an increase for unlawful reasons, such as discrimination, retaliation, union activity, or violation of equal protection principles in the workplace.


XIII. Performance-Based Salary Increase

Many companies make salary increases after probation dependent on performance.

This is legally permissible if the arrangement is clear and applied fairly.

For example, an employer may provide that:

  1. Employees with excellent ratings receive a 10% increase.
  2. Employees with satisfactory ratings receive a 5% increase.
  3. Employees with below-standard ratings receive no increase.
  4. Salary adjustment is subject to management approval.

The employee’s entitlement will depend on the policy, performance evaluation, and whether the employer applied the standards honestly and consistently.

If the employer uses performance as a basis to deny an increase, the employer should ideally have documentation, such as performance reviews, probationary evaluation forms, supervisor assessments, or written feedback.

An arbitrary denial may be challenged, especially if similarly situated employees were treated differently without reasonable basis.


XIV. Salary Increase Promised During Hiring

A common situation occurs when the employer or recruiter verbally tells the employee:

“Your salary will increase after probation.”

A verbal promise may be enforceable, but it is harder to prove than a written agreement. The employee must establish that a definite promise was made and that the promise formed part of the employment terms.

Evidence may include:

  1. Job offer letters;
  2. Emails;
  3. Text messages;
  4. Chat messages;
  5. Signed employment contracts;
  6. Recruitment materials;
  7. Payslip comparisons;
  8. Employee handbook provisions;
  9. Testimony from witnesses;
  10. Similar treatment of other employees.

A vague statement such as “there may be an increase after probation” is weaker than a definite promise such as “your salary will become ₱35,000 upon regularization.”

The more specific the amount, timing, and condition, the stronger the employee’s claim.


XV. Probationary Rate and Regular Rate

Some employers use a probationary rate and a regular rate.

This arrangement is not illegal by itself, as long as the probationary rate complies with minimum wage and other labor standards.

For example:

  • Probationary salary: ₱20,000 per month
  • Regular salary after passing probation: ₱25,000 per month

If this arrangement is stated in the contract or company policy, the employer must honor it.

However, if there is no stated regular rate, the employee cannot automatically assume that the salary will increase merely because a probationary rate existed.

The key question is whether the employer clearly agreed that the salary during probation was temporary and would be replaced by a higher rate after regularization.


XVI. Regularization Benefits Versus Salary Increase

Some employers do not increase basic salary upon regularization but provide additional benefits available only to regular employees.

These may include:

  1. Health maintenance organization coverage;
  2. Leave credits;
  3. rice subsidy;
  4. transportation allowance;
  5. meal allowance;
  6. performance bonus eligibility;
  7. retirement plan participation;
  8. insurance coverage;
  9. company loans;
  10. educational assistance;
  11. paid time off beyond statutory minimums;
  12. 13th month-related enhancements;
  13. profit-sharing eligibility.

These benefits are separate from a salary increase. An employee may be regularized without an increase in basic pay but may become eligible for regular employee benefits.

The legality depends on whether the employee receives at least the statutory minimum compensation and whether the employer complies with the contract, policy, and law.


XVII. Salary Increase and 13th Month Pay

If an employee receives a salary increase after probation, the increase may affect the computation of 13th month pay.

The 13th month pay is generally equivalent to one-twelfth of the basic salary earned by the employee within the calendar year.

If the salary increased in the middle of the year, the 13th month pay should reflect the actual basic salary earned during the year, including the months paid at the higher rate.

For example:

  • January to June: ₱20,000 per month
  • July to December: ₱25,000 per month
  • Total basic salary earned: ₱270,000
  • 13th month pay: ₱270,000 ÷ 12 = ₱22,500

The employee does not simply receive the latest monthly salary as 13th month pay unless that is the result of the correct computation or a more generous company policy.


XVIII. Salary Increase and Overtime, Night Differential, Holiday Pay, and Leave Conversion

A salary increase may also affect the computation of wage-related benefits, particularly for employees who are covered by labor standards rules.

An increased basic salary may affect:

  1. Overtime pay;
  2. Night shift differential;
  3. Holiday pay;
  4. Rest day premium;
  5. Service incentive leave conversion;
  6. Separation pay, where applicable;
  7. Retirement pay, where applicable;
  8. 13th month pay;
  9. Other benefits based on basic salary.

If the salary increase is part of basic pay, it should be reflected in computations that use basic pay as the base.

If the increase is structured as an allowance rather than basic salary, the legal treatment depends on the nature of the allowance. Some allowances may be excluded from certain computations if they are not part of basic salary, while others may be treated as wage components depending on how they are given.


XIX. Can an Employer Delay Regularization to Avoid a Salary Increase?

An employer cannot lawfully extend probation indefinitely to avoid regularization, security of tenure, or benefits.

If an employee is allowed to work beyond the valid probationary period, the employee generally becomes regular by operation of law.

If the employment contract says the employee will receive a salary increase upon regularization, the employer should not evade the increase by delaying the issuance of a regularization letter while continuing to employ the worker beyond probation.

The absence of a regularization letter does not necessarily prevent regularization. Employment status is determined by law and facts, not merely by company paperwork.


XX. Can an Employer Extend Probation Before Giving an Increase?

The general rule is that probationary employment should not exceed six months, unless a longer period is legally justified.

However, jurisprudence has recognized certain situations where an extension may be valid, particularly when the extension is agreed upon and may benefit the employee by giving another opportunity to meet standards instead of immediate termination.

Even then, extension should not be used to defeat labor rights. It should not be a scheme to deny regularization, benefits, or salary increases.

If an increase is contractually tied to regularization, and the employee is validly still under probation, the increase may not yet be due. But if the extension is invalid or the employee has already become regular by law, the employee may have a basis to claim the increase if the increase is tied to regular status.


XXI. Can an Employee Demand a Raise After Probation?

An employee may demand a raise after probation only if there is a basis for the demand.

Strong bases include:

  1. The employment contract promises an increase.
  2. The offer letter states a higher regularization salary.
  3. The handbook provides a regularization increase.
  4. The CBA grants a salary adjustment.
  5. The employer has a binding established practice.
  6. A wage order requires an increase.
  7. The employee was promoted or reclassified.
  8. The employer made a clear and provable promise.
  9. The employee is being paid below the legal minimum.
  10. The denial is discriminatory or retaliatory.

Weak bases include:

  1. Mere expectation;
  2. Verbal assurance without proof;
  3. Personal belief that regular employees should be paid more;
  4. Comparison with employees in different roles;
  5. The fact of regularization alone;
  6. General industry practice without company commitment.

The legal strength of the employee’s claim depends on evidence.


XXII. Equal Pay Issues

Philippine labor law recognizes principles against discrimination and unfair treatment. However, there is no simple rule that all employees with the same job title must always receive identical salaries.

Salary differences may be valid if based on:

  1. Seniority;
  2. merit;
  3. experience;
  4. education;
  5. productivity;
  6. market adjustment;
  7. location;
  8. shift;
  9. specialization;
  10. negotiation;
  11. performance;
  12. company salary structure.

However, salary differences may be legally problematic if based on prohibited grounds such as sex, gender, age, disability, union membership, race, religion, political belief, or other unlawful discriminatory reasons.

If an employee is denied a regularization increase while similarly situated employees receive it, the employee should examine whether there is a legitimate basis for the difference.


XXIII. Documentation Employees Should Review

An employee asking whether they are entitled to a salary increase after probation should review the following:

  1. Employment contract;
  2. Job offer;
  3. Probationary appointment letter;
  4. Regularization letter;
  5. Employee handbook;
  6. Compensation policy;
  7. Salary grade policy;
  8. CBA, if any;
  9. Emails or messages from HR;
  10. Performance evaluation;
  11. Payslips;
  12. Wage orders;
  13. Company announcements;
  14. Past salary adjustment letters;
  15. Communications during hiring.

The most important documents are the employment contract, offer letter, handbook, and regularization notice.


XXIV. Documentation Employers Should Maintain

Employers should maintain clear records to avoid disputes.

Important documents include:

  1. Written employment contracts;
  2. Probationary standards;
  3. Proof that standards were communicated at hiring;
  4. Performance evaluations;
  5. Regularization notices;
  6. Salary adjustment policies;
  7. Compensation structure;
  8. Payroll records;
  9. Employee handbook acknowledgment forms;
  10. CBA provisions, if applicable;
  11. Written notices of salary changes;
  12. Documentation of merit increase decisions.

Employers should avoid vague promises such as “automatic increase after probation” unless they intend to be bound.

If salary adjustment is discretionary, the policy should clearly say so.


XXV. Common Scenarios

1. The contract says salary will increase upon regularization.

The employee is entitled to the increase once regularized, subject to the exact terms of the contract.

2. The contract is silent.

There is generally no automatic right to an increase unless another basis exists.

3. HR verbally promised an increase.

The employee may claim it, but proof is necessary. Written evidence is important.

4. The handbook says regular employees get a higher salary grade.

The employee may be entitled to movement into the regular salary grade, depending on the wording of the policy.

5. The employer always gives increases after probation.

The employee may argue company practice, especially if the practice is consistent, long-standing, and not discretionary.

6. The employee is paid below minimum wage.

The employee may claim wage differentials regardless of probationary or regular status.

7. The employee was regularized but no letter was issued.

The employee may still be regular by operation of law if allowed to work beyond the probationary period.

8. The employee was promoted after probation.

A salary increase may be due if tied to the promotion, salary grade, or new role.

9. The employer says the increase depends on performance.

The employee must examine the policy and performance rating. If the policy allows discretion, no automatic increase may be due.

10. Other employees got an increase but one employee did not.

The legality depends on whether the employees are similarly situated and whether there is a legitimate reason for different treatment.


XXVI. Legal Remedies for Employees

If an employee believes they were unlawfully denied a salary increase after probation, possible steps include:

1. Internal clarification

The employee may request clarification from HR or management regarding the basis for non-adjustment.

The employee may ask for:

  • regularization status;
  • applicable salary grade;
  • copy of compensation policy;
  • performance evaluation result;
  • explanation of salary adjustment decision.

2. Written demand

If there is a clear contractual or policy basis, the employee may send a written request or demand for salary adjustment and back pay.

3. Grievance procedure

If covered by a CBA, the employee may use the grievance machinery.

4. DOLE assistance

For labor standards issues, such as minimum wage violations, unpaid wage differentials, 13th month pay issues, or improper computation of benefits, the employee may seek assistance from the Department of Labor and Employment.

5. SEnA

The Single Entry Approach, or SEnA, is a mandatory conciliation-mediation mechanism for many labor disputes. It allows parties to attempt settlement before formal litigation.

6. NLRC complaint

If the claim involves money claims, illegal dismissal, or other labor disputes within NLRC jurisdiction, the employee may file a complaint before the National Labor Relations Commission.

7. Voluntary arbitration

For unionized employees, disputes involving CBA interpretation may be subject to grievance machinery and voluntary arbitration.


XXVII. Employer Best Practices

Employers should be clear about compensation terms from the beginning.

Recommended practices include:

  1. State whether salary increase upon regularization is automatic or discretionary.
  2. Avoid verbal promises inconsistent with written documents.
  3. Put probationary standards in writing.
  4. Communicate standards at the time of hiring.
  5. Document performance evaluations.
  6. Issue regularization or non-regularization notices on time.
  7. Ensure compliance with minimum wage and wage orders.
  8. Apply compensation policies consistently.
  9. Avoid discriminatory salary decisions.
  10. Clearly distinguish regularization from promotion.
  11. Use precise language in offer letters.
  12. Maintain payroll records.
  13. Review whether repeated practices have become binding benefits.

A well-drafted clause may say:

“Regularization shall not automatically result in a salary increase. Any salary adjustment shall be subject to performance evaluation, company policy, business conditions, and management approval, unless otherwise required by law or written agreement.”

If the employer intends to grant an automatic increase, the clause should be equally clear:

“Upon successful completion of the probationary period and confirmation of regular employment, the employee’s monthly basic salary shall be adjusted from ₱25,000 to ₱30,000.”


XXVIII. Employee Best Practices

Employees should protect themselves by keeping written records.

Recommended steps include:

  1. Ask for the salary arrangement in writing before signing.
  2. Clarify whether the increase after probation is automatic.
  3. Ask for the exact amount or percentage.
  4. Keep copies of the offer letter and employment contract.
  5. Save emails, chats, and HR messages.
  6. Request a copy of the employee handbook.
  7. Ask for performance evaluation results.
  8. Check whether similarly situated employees received increases.
  9. Review payslips after regularization.
  10. Verify minimum wage compliance.
  11. Put salary concerns in writing.
  12. Avoid relying only on verbal promises.

Before accepting a job offer, the employee should clarify:

  • What is the probationary salary?
  • What is the regular salary?
  • Is the increase automatic?
  • What conditions must be met?
  • When will the adjustment take effect?
  • Will the adjustment be retroactive to the date of regularization?
  • Is the increase part of basic salary or an allowance?
  • Will the increase affect benefits?

XXIX. Retroactivity of Salary Increase

If a salary increase is required upon regularization, the next question is when it takes effect.

The answer depends on the contract, policy, or agreement.

Possible effective dates include:

  1. The date of regularization;
  2. The day after the probationary period ends;
  3. The next payroll period;
  4. The date stated in the regularization letter;
  5. The date of management approval;
  6. The date provided in company policy.

If the contract says the increase is effective “upon regularization,” the employee may argue that the increase should take effect on the date the employee became regular, not merely on the date HR issued the letter.

If the employer delayed processing paperwork, the delay should not necessarily defeat a vested contractual right.


XXX. Salary Increase and Back Pay

If the employer failed to grant a required salary increase, the employee may claim salary differentials.

For example:

  • Contractual regular salary: ₱30,000
  • Actual salary paid after regularization: ₱25,000
  • Monthly difference: ₱5,000
  • Period unpaid: 6 months
  • Salary differential: ₱30,000

The employee may also claim adjusted amounts for benefits affected by the higher salary, such as 13th month pay, overtime, holiday pay, or leave conversion, depending on the facts.


XXXI. Tax and Contribution Implications

A salary increase may affect statutory deductions and contributions.

Higher compensation may affect:

  1. Withholding tax;
  2. SSS contributions;
  3. PhilHealth contributions;
  4. Pag-IBIG contributions;
  5. Other payroll deductions;
  6. Net take-home pay.

An employee who receives a salary increase should expect that the gross increase may not fully appear as net pay because of increased deductions.

Employers should properly reflect salary adjustments in payroll records, payslips, and statutory contribution computations.


XXXII. Distinction Between Basic Salary and Allowances

A salary increase may be structured as an increase in basic pay or as an allowance.

This distinction matters.

An increase in basic salary generally affects computations based on basic wage, such as 13th month pay and certain premium pays.

Allowances may or may not be included, depending on their nature. Some allowances are treated as supplements, while others may be considered part of wage if they are regularly and unconditionally given as compensation for work.

Employers should avoid disguising basic salary as allowances to evade statutory computations. Employees should examine whether a so-called allowance is actually wage in substance.


XXXIII. Probationary Employees and Statutory Benefits

Probationary employees are generally entitled to statutory benefits from the start of employment, not only after regularization.

These include, when applicable:

  1. Minimum wage;
  2. 13th month pay;
  3. overtime pay;
  4. night shift differential;
  5. holiday pay;
  6. rest day premium;
  7. service incentive leave;
  8. SSS coverage;
  9. PhilHealth coverage;
  10. Pag-IBIG coverage;
  11. safe and healthful working conditions;
  12. protection against illegal dismissal;
  13. due process.

An employer cannot justify non-payment of statutory benefits by saying the employee is still probationary.

Regularization may affect company-granted benefits, but it does not determine entitlement to statutory minimum labor standards.


XXXIV. Illegal Dismissal Issues Related to Salary Increase

Sometimes, disputes over salary increases arise together with dismissal issues.

For example, an employee may ask about the promised regularization increase, and soon after, the employer terminates the employee. If the termination is not supported by valid cause and due process, the employee may have an illegal dismissal claim.

An employer cannot dismiss an employee merely to avoid regularization, salary adjustment, statutory benefits, or contractual obligations.

If an employee is dismissed shortly before the end of probation, the employer must still show that the dismissal was based on failure to meet reasonable standards, just cause, authorized cause, or other lawful ground.

The timing of dismissal may be relevant, but timing alone does not automatically prove illegality. The facts, documents, standards, notices, and employer’s conduct must be examined.


XXXV. Bad Faith and Misrepresentation

If an employer induced an employee to accept employment by promising a salary increase after probation and later refuses to honor that promise, the employee may argue bad faith or misrepresentation.

This is especially significant when:

  1. The promise was specific;
  2. The employee relied on it;
  3. The promise was made to persuade the employee to accept the job;
  4. The employee rejected other opportunities because of it;
  5. The employer never intended to honor the promise;
  6. The promise is supported by written evidence.

The stronger the evidence of reliance and specificity, the stronger the claim.


XXXVI. Practical Legal Tests

To determine whether a salary increase after probation is legally demandable, ask the following:

1. Is there a written promise?

If yes, follow the written terms.

2. Is there a company policy?

If yes, determine whether the policy is mandatory or discretionary.

3. Is there a CBA?

If yes, check whether the employee is covered.

4. Is there a consistent practice?

If yes, determine whether it has become a binding benefit.

5. Is the employee below minimum wage?

If yes, wage adjustment is required by law.

6. Was there a promotion?

If yes, check the salary grade or promotion terms.

7. Was the denial discriminatory?

If yes, the employee may have a separate legal claim.

8. Was the increase merely expected?

If yes, expectation alone is usually not enough.


XXXVII. Sample Employee Letter Requesting Salary Adjustment

Subject: Request for Clarification on Salary Adjustment Upon Regularization

Dear HR,

I would like to respectfully request clarification regarding my compensation following the completion of my probationary period and my regularization.

Based on my understanding of the terms discussed during hiring and/or the applicable company policy, my salary is subject to review or adjustment upon regularization. May I kindly request confirmation of my current employment status, the effective date of my regularization, and whether any salary adjustment applies?

I would also appreciate receiving the basis for the computation or decision, including any applicable policy, evaluation result, or salary grade.

Thank you.

Respectfully, [Employee Name]


XXXVIII. Sample Contract Clause: Automatic Increase

Upon successful completion of the probationary period and confirmation of regular employment, the Employee’s monthly basic salary shall be increased from ₱_____ to ₱_____, effective on the date of regularization. This adjustment shall form part of the Employee’s basic salary and shall be reflected in payroll beginning the applicable pay period.


XXXIX. Sample Contract Clause: Discretionary Increase

Completion of the probationary period and confirmation of regular employment shall not automatically entitle the Employee to a salary increase. Any salary adjustment shall be subject to performance evaluation, company policy, business requirements, and management approval, unless otherwise required by law, collective bargaining agreement, or written agreement.


XL. Conclusion

Under Philippine labor law, an employee who successfully completes probation and becomes regular does not automatically acquire a legal right to a salary increase. Regularization primarily affects employment status and security of tenure, not necessarily compensation.

A salary increase after probation becomes legally demandable when supported by law, contract, company policy, collective bargaining agreement, established company practice, wage order, promotion, or a clear and provable employer promise.

The controlling question is always: What is the legal basis for the increase?

Employees should examine their contracts, offer letters, handbooks, policies, pay records, and communications. Employers should draft compensation terms clearly, apply policies consistently, and avoid vague promises that may later become the basis of labor disputes.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.