Executive summary

Short answer: No, a 30-day notice is not required when an employer ends a probationary employee’s engagement for failure to meet bona fide standards or for just cause. The 30-day notice rule applies to authorized causes (e.g., redundancy, retrenchment, closure, disease) and must be served to both the employee and the DOLE. For probationary separations based on standards, the law instead requires: (1) the standards were clearly communicated at hiring, and (2) written notice of non-qualification served within a reasonable period (practical benchmark: at least 5 calendar days) before the intended date, giving the employee a chance to respond.

Key legal building blocks

1) Security of tenure & basic causes of termination

Philippine law recognizes three broad buckets for ending employment:

Just causes (employee fault), e.g., serious misconduct, willful disobedience, fraud, gross and habitual neglect, etc.
Authorized causes (business or health-related, not employee fault), e.g., redundancy, retrenchment, closure, installation of labor-saving devices, disease.
Probationary non-qualification (employee does not meet reasonable, pre-communicated standards during probation).

2) Probationary employment basics

Maximum duration: up to six (6) months from first day of work (unless a longer period is fixed by law for certain apprentices/learners, or a valid, mutually agreed extension grounded on legitimate reasons like prolonged absence; automatic regularization if the employee continues working past the permissible period).
Standards at hiring: The employer must inform the employee of reasonable performance/behavior standards at the time of engagement. Failure to do so generally converts the employee to regular status.
Grounds to end early: At any time within probation, the employer may end the relationship for just cause or for failure to meet the communicated standards.

The 30-day notice rule—when it does and does not apply

A) When 30 days is required

Authorized causes (redundancy, retrenchment, closure, labor-saving devices, disease):
- At least 30 days’ prior written notice to the employee and to the DOLE.
- Separation pay typically applies (except in some closures due to serious losses).
- This requirement applies regardless of the employee’s status (probationary or regular).

Illustration: A company restructures and eliminates a probationary employee’s role due to redundancy. 30-day DOLE + employee notice and separation pay rules apply.

B) **When 30 days is not required**

Probationary non-qualification (failure to meet standards)
Just causes (e.g., serious misconduct)

In these two scenarios, the proper yardstick is due process, not the 30-day authorized-cause notice.

Due process requirements by ground

1) Probationary non-qualification (failure to meet standards)

Substantive:
- Standards were reasonable and actually communicated at hiring.
- There is a good-faith evaluation (e.g., metrics, coaching notes, PIPs, attendance to training, KPIs, evaluation forms).
Procedural (practical gold standard):
- Written notice stating specific shortcomings within a reasonable period before effectivity (commonly treated as ≥5 calendar days to allow a written explanation).
- Opportunity to be heard (written explanation and/or meeting).
- Final written notice of termination, if decision stands, stating the factual basis and effectivity date.

Why “5 days”? In practice, DOLE’s due-process framework treats “reasonable period” as at least five (5) calendar days to give the employee time to study the allegations, gather evidence, and respond. Many employers apply this timeline to probationary non-qualification to align with best practice and jurisprudential expectations.

2) Just causes (fault-based)

Twin-notice rule + opportunity to be heard:
- First notice (charge sheet): detailed facts, rules breached, and instruction to submit a written explanation within a reasonable period (again, ≥5 days is a safe benchmark).
- Hearing/meeting (optional if the written explanation suffices, but recommended where credibility issues or complex facts exist).
- Second (final) notice: decision and penalty, with clear factual/legal basis and effectivity date.

3) Authorized causes

30-day prior notice to employee and DOLE + separation pay (as applicable).
No twin-notice/hearing requirement, but documentation (business plan, financials, redundancy matrix, medical certification, etc.) must support the authorized cause in good faith.

Timelines at a glance

Scenario	What notice is required?	Typical lead time	DOLE notice?	Separation pay?
Probationary – failure to meet standards	Written notice of non-qualification + opportunity to explain; final notice	≥5 days is prudent	No	No
Probationary – just cause	Twin notice + hearing/opportunity to be heard	≥5 days for first notice response	No	No
Probationary – authorized cause (e.g., redundancy)	30-day notice to employee and DOLE	30 days	Yes	Yes (as applicable)

Practical employer playbook

At hiring
- Give a written Probationary Employment Agreement that:
  - States the exact probation period (count the 6 months carefully).
  - Enumerates specific, measurable standards (KPI sheets, scorecards).
  - States that failure to meet standards may result in separation.
- Have the employee acknowledge receipt.
During probation
- Run regular evaluations (e.g., 30/60/90-day reviews).
- Keep written coaching records and PIPs, signed or acknowledged.
- Flag issues early; don’t spring surprises in the last week.
If performance is subpar
- Issue a notice of evaluation deficiencies (or first notice) detailing metrics and incidents; give ≥5 days to explain.
- Conduct a meeting to discuss.
- If non-qualification stands, issue a final written notice with effectivity date (no 30-day lead time is required for non-qualification).
- Process last pay and statutory clearances.
If the reason is business-driven (authorized cause)
- Prepare the business case (redundancy matrix, feasibility, cost-savings).
- Serve 30-day notices to the employee and file with DOLE.
- Compute separation pay correctly and on time.

Practical employee checklist

At day one: Ask for a copy of the probationary agreement and standards/KPIs.
Track your metrics: Keep emails, dashboards, and coaching notes.
If served a notice: Submit a substantive written reply within the period (argue facts; attach proof). Request a meeting if you need one.
If 30-day notice is invoked: This usually signals authorized causes; verify DOLE filing and separation pay computation.

Counting the probation period

Six months is generally computed on a day-for-day basis from the start date (commonly treated as 180 days in practice).
Automatic regularization occurs if the employee continues working after the permissible probation period without valid extension.
Extensions: Only in narrowly valid situations (e.g., prolonged absences or mutually agreed, well-documented reasons that prevented proper evaluation). An “extension” used to reset or evade the six-month cap risks illegal dismissal findings.

Documentation that wins (or loses) cases

Strengthens employer position

Signed probationary contract with clear standards.
Evaluation forms at defined intervals, KPI dashboards, PIP with timelines.
Dated notices showing reasonable time to explain (≥5 days).
Minutes of clarificatory meeting; employee’s explanation attached.
Final notice citing specific facts and standards not met.

Common pitfalls

Vague or no standards given at hiring.
Terminating at day 179 with a one-liner (“you failed probation”) sans records.
Treating a business-driven reason as “non-qualification” to avoid the 30-day rule.
Extending probation with no legitimate basis or consent.

Post-separation obligations & timelines

Certificate of Employment (COE): Issue upon request stating position and dates (no evaluation content).
Final pay: As a compliance best practice, release within 30 days from separation (or earlier if company policy provides).
Statutory clearances: Process government forms (SSS, PhilHealth, Pag-IBIG) and tax certificates.
Return of company property & data: Secure clearances and NDAs (if any).

Frequently asked questions

Q1: We ended a probationary employee for non-qualification with only 48 hours’ notice. Is that okay? Legally, there’s no fixed 30-day lead time for non-qualification, but “reasonable period” is required to enable a meaningful response. ≥5 days has become the safe benchmark. Forty-eight hours is risky unless the facts justify urgency and the employee was earlier apprised and able to comment.

Q2: Can we use “redundancy” to let go of a poorly performing probationary employee without the documentary grind? No. Mislabeling a performance issue as redundancy is unlawful. Redundancy requires genuine business necessity, 30-day DOLE + employee notice, and separation pay.

Q3: The six months end on a Sunday and HR plans to issue a non-qualification letter on Monday. Is that still within probation? Probably not—if Monday is day 181, the employee may already be regularized. Count calendar days carefully and serve notices before the probation lapses.

Q4: Do we need a hearing for non-qualification? A formal trial-type hearing isn’t mandatory, but opportunity to be heard is. Many employers still hold a clarificatory meeting to reduce risk.

Q5: If we terminate during probation for a just cause (e.g., theft), do we still need two notices? Yes. Twin-notice and a chance to explain apply to just causes regardless of employment status.

Model templates (adapt to your facts)

A) Notice of Performance Deficiencies / Opportunity to Explain

Subject: Opportunity to Explain – Probationary Evaluation Dear [Employee], Based on evaluations dated [dates], you have not met the following probationary standards conveyed at hiring: [cite KPI/behavioral standards]. Specific instances include: [facts, dates, metrics]. You are hereby given [5] calendar days from receipt to submit a written explanation and supporting documents. You may request a meeting on or before [date]. Sincerely, [HR/Manager]

B) Final Notice of Non-Qualification (Probationary)

Subject: Final Notice – Non-Qualification During Probation Dear [Employee], After considering your explanation and records, management has determined that you did not meet the communicated standards for probationary employment for the following reasons: [specifics]. Accordingly, your employment is terminated effective [date]. Please coordinate with HR for clearance, return of company property, and processing of final pay and COE. Sincerely, [HR/Manager]

C) Authorized Cause – 30-Day Notice (Employee + DOLE)

Subject: 30-Day Notice – Redundancy of Position Dear [Employee], Due to [business reason], your position is declared redundant effective [date ≥30 days]. The company will notify the DOLE and pay you separation pay in accordance with law. Sincerely, [Authorized Signatory]

Bottom line

No, a 30-day notice is not required to end probation for non-qualification or for just cause; instead, comply with due process (clear standards at hiring, written notice, meaningful chance to explain, final decision).
Yes, a 30-day notice is required (to the employee and DOLE) if the termination—even of a probationary employee—is due to an authorized cause.
Meticulous documentation and timely counting of the probation period often decide cases. When in doubt, apply the ≥5-day reasonable-period benchmark and keep your paper trail tight.