A Philippine labor-law article on when an employer may end probationary employment (i.e., “non-regularize”), what notice is legally required, and what commonly causes illegal dismissal findings.

1) What “non-regularization” really means in Philippine law

In everyday HR language, “non-regularization” usually means the employer ends a probationary employee’s employment before the probation ends, or decides not to make the employee regular at the end of probation.

In law, there is no separate “non-regularization” category. It is simply termination of a probationary employee, governed mainly by:

Labor Code provisions on probationary employment (now found under the renumbered article on probationary employment, formerly Article 281), and
the general termination rules for:
- Just causes (employee fault/misconduct; formerly Art. 282, now renumbered), and
- Authorized causes (business reasons; formerly Art. 283, now renumbered), and
- Disease (formerly Art. 284, now renumbered).

So the key question is not “How many days’ notice for non-regularization?” but “What is the ground for ending the probationary employment?” Because the notice requirement depends on the ground.

2) The core rule: there is no universal 30-day notice requirement for non-regularization

A common misconception is that ending probationary employment always requires a 30-day notice. In Philippine labor law, 30 days’ prior written notice applies to authorized causes (e.g., redundancy, retrenchment, closure) and requires notice to both the employee and the DOLE.

But many probationary terminations are not authorized-cause terminations. They are typically:

Failure to meet the employer’s regularization standards, or
Just cause (misconduct, willful disobedience, etc.)

For those, the law does not impose a fixed “30 days before effectivity” notice period. Instead, it requires procedural due process appropriate to the ground (explained below).

That’s why employers sometimes give “short notice” (even same-day effectivity) and still be lawful if the correct process and basis exist. But “short notice” becomes risky when the employer treats it like a casual decision without due process or documentation.

3) Probationary employment basics that decide everything

A. Maximum length (typical rule)

Probationary employment is generally limited to up to six (6) months, unless a longer period is allowed by a specific law, regulation, or recognized practice for the job category.

B. The “standards must be made known” requirement

A probationary employee can be lawfully terminated for failure to qualify only if the employer made the regularization standards known at the time of engagement (at hiring). This is one of the most litigated points.

Practical meaning:

Put standards in the job offer, contract, onboarding documents, KPI sheets, scorecards, or policy acknowledgments.
Standards should be job-related, measurable or describable, and actually applied.

If standards were not properly communicated at hiring, the employee may be treated as regular—and then the employer must meet the higher standard for terminating a regular employee.

C. Automatic regularization risk

If the employee continues working beyond the probation period without a lawful termination, the employee may be deemed regular by operation of law.

4) The three legal “routes” to ending probationary employment (and their notice rules)

When an employer ends a probationary employee’s work, it generally falls into one of these:

Route 1: Failure to meet regularization standards (most common “non-regularize” scenario)

Substantive requirement (the reason must be valid):

The employee failed to meet reasonable standards that were made known at hiring, and
the failure is shown by evaluations, performance records, coaching notes, KPI results, etc.

Procedural requirement (notice):

The employer must give a written notice of termination stating the ground (failure to meet standards) and the supporting performance basis.

Is there a minimum number of days? No fixed statutory number of days like “30 days.” The concept is closer to reasonable notice and fairness, plus proof that the decision was grounded on communicated standards and actual assessment.

Best practice (strongly recommended):

Provide performance feedback during the probation (checkpoints at 30/60/90 days, etc.).
Provide an opportunity to improve (PIP/coaching), especially if performance is borderline.
Give a written termination notice that clearly connects:
1. the communicated standard,
2. the evaluation method, and
3. where the employee fell short.

When “short notice” becomes dangerous here:

No documented standards at hiring.
No evaluations during probation.
Generic termination notice (“not fit,” “did not meet expectations”) without specifics.
The employee was led to believe regularization was assured, then abruptly terminated.

Route 2: Just causes (employee fault) during probation

A probationary employee can be terminated for any just cause that would also apply to a regular employee (e.g., serious misconduct, willful disobedience, gross neglect, fraud, commission of a crime, analogous causes).

Procedural requirement: the “two-notice rule” (twin notices) + opportunity to be heard This typically means:

First notice (Notice to Explain / Charge Sheet)
- states the specific acts/omissions and rules violated
- gives the employee a chance to submit an explanation
Opportunity to be heard
- a hearing/conference when requested or when substantial facts are disputed (in practice, employers often schedule one)
Second notice (Notice of Decision / Termination Notice)
- explains the basis for finding guilt and imposes termination

Is there a “notice period” in days? Not a flat “30 days.” The key is due process: enough time to respond and a fair opportunity to be heard. If the employer skips the first notice or the chance to explain, “short notice” becomes a due process violation even if the misconduct is real.

Note: If the ground is just cause, the employer is not required to give separation pay (subject to narrow exceptions in equity), but must still pay final pay and mandated benefits.

Route 3: Authorized causes (business reasons) affecting a probationary employee

A probationary employee can also be terminated for authorized causes such as:

redundancy,
retrenchment,
closure/cessation of business (subject to conditions),
installation of labor-saving devices, etc.

Procedural requirement: 30 days’ prior written notice to BOTH

the employee, and
the DOLE

This is where the 30-day notice is non-negotiable.

Separation pay: Authorized causes usually require separation pay (amount depends on the authorized cause), except in certain closure scenarios (e.g., closure due to serious business losses, when properly proven).

Key point: Even if the employee is probationary, authorized-cause rules still apply. Calling it “non-regularization” does not remove the 30-day requirement if the real reason is redundancy/retrenchment/closure.

5) What counts as a “short notice period” in practice—and when it may still be legal

Because many “non-regularization” cases fall under failure to meet standards, employers sometimes issue:

immediate effectivity (same day),
1–7 days,
or end-of-week effectivity.

Legality depends far less on the number of days and far more on whether the employer can prove:

the standards were communicated at hiring,
the standards were reasonable and job-related,
the evaluation was real and documented, and
the termination notice clearly states the basis.

If those are missing, even a longer notice won’t save the employer from an illegal dismissal finding.

6) Common legal pitfalls that turn “non-regularization” into illegal dismissal

A. No proof standards were disclosed at hiring

This is the single biggest issue. If the standards were not made known at engagement, termination “for failure to meet standards” is vulnerable.

B. Using “probationary” to disguise a regular job

If the role is necessary and desirable to the business and the employee effectively performs it continuously, the employee may be treated as regular once probation ends—or earlier if probationary requirements were not properly observed.

C. Using performance issues as a cover for a prohibited reason

Termination motivated by discrimination, retaliation for complaints, union activity, pregnancy-related reasons, or exercise of rights is unlawful regardless of labels.

D. Mislabeling the ground to avoid 30-day notice

If the real reason is redundancy/retrenchment/closure but the employer issues a “non-regularization” letter, the employer risks liability for:

illegal dismissal or
at least non-compliance with authorized-cause procedure and separation pay rules.

E. Cutting off due process for a just-cause accusation

If the issue is misconduct but the employer skips the Notice to Explain and jumps straight to termination, the employer risks damages even if the dismissal ground is substantively valid (and risks losing the case entirely if the substantive proof is weak).

7) What a lawful non-regularization notice should contain

For failure to meet standards, a good termination letter typically includes:

Confirmation of probationary status and start date
Reference to the standards/KPIs communicated at hiring (attach or cite the document)
Summary of evaluations/checkpoints and results
Clear explanation of the specific standards not met
Effective date of termination
Final pay/clearance process and release of employment documents, as applicable

For just cause, ensure the full twin-notice trail exists; the final notice should reference:

the NTE,
the employee’s explanation,
the hearing/conference (if any),
findings and reasons for termination.

For authorized cause, the letter must be served at least 30 days before effectivity, and DOLE must be notified similarly.

8) Pay consequences: what the employee is entitled to upon non-regularization

Regardless of the ground, the employee is generally entitled to:

Final pay (unpaid wages)
Pro-rated 13th month pay
Cash conversion of unused leaves if company policy/contract grants it (or if legally mandated by applicable rules/policy)
Other benefits due under contract, CBA, or policy

Separation pay depends on the ground:

Failure to meet standards: generally no separation pay required
Just cause: generally no separation pay required
Authorized causes/disease: typically separation pay required (subject to specific rules and exceptions)

9) Practical compliance checklist for employers (and what employees can look for)

If the stated reason is “did not meet standards”:

Were standards given in writing at hiring?
Are there evaluations, coaching notes, KPI results?
Does the letter specify the gaps, or is it vague?

If the issue is misconduct:

Was there a Notice to Explain?
Was there a chance to respond/hearing?
Was the decision notice reasoned and supported?

If the company is downsizing/closing:

Was there 30-day notice to the employee and DOLE?
Was separation pay computed correctly?
Is redundancy/retrenchment supported by records?

10) FAQs

“Can an employer terminate a probationary employee immediately?”

It can be lawful in limited situations, but only if the termination is grounded on a valid cause and the required process is met. Immediate termination is riskiest when used for performance-based non-regularization without documented standards and evaluations, or for just-cause accusations without twin notices.

“Is a 30-day notice required for non-regularization?”

Not automatically. 30 days is required for authorized causes (business reasons) and DOLE notice. Performance-based non-regularization does not have a universal 30-day requirement.

“Does a probationary employee have security of tenure?”

Yes, but in a qualified way. A probationary employee may be terminated for (a) just cause, (b) authorized cause, or (c) failure to meet reasonable standards made known at hiring.

“If standards were not communicated at hiring, what happens?”

The employer’s right to terminate for failure to meet standards becomes vulnerable, and the employee may be treated as regular (or at least protected as if regular for termination purposes), depending on the circumstances.

11) Bottom line

“Short notice” non-regularization is not automatically illegal in the Philippines because the law’s notice requirements depend on the termination ground:

Failure to meet standards: no fixed 30-day rule, but requires communicated standards + real evaluation + written notice
Just cause: requires twin notices + opportunity to be heard (not a flat 30 days)
Authorized cause: requires 30 days’ notice to employee and DOLE (and usually separation pay)

If you want, paste a draft non-regularization letter (remove names) and I’ll rewrite it to align with the appropriate legal route and reduce common compliance risks.