1) The basic rule: probationary employees are employees, with security of tenure—just with a shorter “trial” standard

In Philippine labor law, probationary employment is a form of regular employment subject to a trial period. A probationary employee enjoys statutory protection against illegal dismissal. The employer may terminate a probationary employee only for:

Just causes (employee fault/misconduct-type grounds), or
Authorized causes (business/health-type grounds), or
Failure to qualify as a regular employee because the employee did not meet the reasonable standards made known by the employer at the start of employment.

The idea is simple: probation is not a free pass to dismiss at will. It is a period to determine fitness for regularization under disclosed, job-related standards.

2) Probationary period essentials that affect termination validity (and notice)

A. Maximum length (general rule: up to 6 months)

As a general rule, probationary employment must not exceed six (6) months from the date the employee starts work. After that, the employee is typically deemed regular unless a legally recognized exception applies (e.g., certain apprenticeship/learnership regimes or particular professional arrangements with different rules, depending on the role and governing regulations).

B. Standards must be made known at the start

For termination based on failure to meet standards, the employer must show that the standards for regularization were communicated to the employee at the time of engagement (or very near the start, in a manner that is truly “made known” before performance is assessed). If standards were not properly communicated, dismissal for “failure to qualify” becomes legally vulnerable.

Practical examples of “standards”:

Quantitative metrics (quota, error rates, productivity targets)
Quality standards (accuracy, compliance, workmanship)
Behavioral standards tied to job performance (attendance, punctuality, teamwork), if clearly defined and job-related
Competency checklists, training milestones, performance evaluation rubrics

Vague statements like “must be satisfactory” without defined benchmarks are risky.

3) The three legal bases for termination during probation—and what notice each requires

A probationary employee may be terminated for the same broad categories as regular employees. The notice requirements depend on the category.

Category 1: Termination for Just Causes (employee fault)

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

Notice requirement: the Two-Notice Rule (procedural due process)

First notice (Notice to Explain / Charge Sheet):
- States the specific acts/omissions complained of
- Provides the factual circumstances (dates, incidents, policies violated)
- Gives the employee a reasonable opportunity to submit a written explanation
Opportunity to be heard:
- A hearing/conference is required when requested in writing, when there are substantial factual disputes, or when it is necessary to allow the employee to defend themselves meaningfully. (Many employers conduct a conference as a best practice.)
Second notice (Notice of Decision / Notice of Termination):
- Communicates that termination is decided after considering the employee’s explanation and the evidence
- States the basis for the decision and the effectivity date

Key point: Even during probation, if the ground is just cause, the employer should follow the two-notice rule. Skipping it typically creates liability for violation of due process (and can contribute to a finding of illegal dismissal depending on circumstances).

Category 2: Termination for Authorized Causes (business/health)

Common authorized causes include redundancy, retrenchment to prevent losses, closure/cessation of business, and termination due to disease when continued employment is legally/medically not advisable.

Notice requirement (general rule): 30-day written notice to:

The employee and
The appropriate DOLE office

This notice must be served at least 30 days before the intended date of termination.

Other major requirements beyond notice (often where cases are won/lost):

For redundancy: good faith, fair and reasonable criteria in selecting who will be dismissed (e.g., performance, seniority, efficiency), and proof that positions are truly redundant
For retrenchment: proof of actual or imminent substantial losses and that retrenchment is necessary and fair
For closure: legitimacy of cessation (and whether due to serious losses affects separation pay)
For disease: required medical certification and compliance with legal standards governing fitness to work

Separation pay: Authorized cause terminations typically require separation pay (amount depends on the cause), except in certain closure scenarios due to serious business losses and other limited situations.

Applies to probationary employees too: If the ground is authorized cause, the 30-day notice rule and DOLE notice requirement generally apply regardless of probationary status.

Category 3: Termination because the probationary employee failed to meet the standards for regularization

This is the probation-specific ground: the employee is not being absorbed as regular because they did not qualify under the standards.

What notice is required? Philippine doctrine expects procedural fairness even here. At minimum, the employee should receive a written notice of termination that:

Clearly states that the termination is due to failure to meet the standards for regularization
Specifies the performance/behavioral standards and the respects in which the employee fell short
Identifies the evaluation period and supporting basis (e.g., metrics, documented coaching, performance review results)
States the effectivity date

Is the full two-notice rule always required for “failure to qualify”? In practice, employers often treat this ground differently from just cause, but the safest compliant approach is to provide:

A written notice identifying deficiencies and allowing the employee to respond (or at least a documented evaluation and chance to explain), and
A written notice of the decision.

Because probationary “failure to qualify” can blur into performance-related fault, robust documentation and a genuine opportunity to respond reduce legal risk substantially.

Timing best practice: Serve notice before the probationary period ends, with enough time to show the decision was made during probation. Late notices (served after the probation period lapses) can be attacked as terminating a now-regular employee without proper basis.

4) The “substantive” side: notice alone doesn’t make the dismissal legal

Even perfect notice cannot cure a lack of valid cause.

For “failure to meet standards,” the employer should be able to prove:

The standards were communicated at the start of employment
The standards are reasonable and job-related
The employee was evaluated fairly under those standards
The conclusion of non-qualification is supported by evidence (not speculation or bias)

For just cause, the employer must prove:

The misconduct/violation actually happened
The penalty of dismissal is proportionate (where proportionality is considered)
The employee’s role and circumstances support dismissal rather than a lesser sanction, when relevant

For authorized cause, the employer must prove:

The business/health ground exists
Statutory conditions and fair selection criteria were met
30-day notices were served (employee + DOLE) and separation pay rules followed where applicable

5) Common pitfalls that invalidate probationary terminations (especially notice-related)

No proof the regularization standards were disclosed at hiring
Using vague standards (“satisfactory”) with no concrete criteria
Serving termination notice after the probation period ends
Labeling a performance problem as “failure to qualify” but using misconduct language (which invites the two-notice rule scrutiny)
No documentation (no evaluations, no coaching notes, no metrics, no incident reports)
Not sending DOLE notice for authorized causes or missing the 30-day lead time
Discriminatory selection in redundancy/retrenchment (e.g., targeting a pregnant employee, union member, or whistleblower)
Retaliation or pretext (using probation as cover for unlawful motives)

6) Practical compliance blueprint (employer-side)

A. At hiring (Day 1 protection)

Provide a probationary employment contract stating:
- Duration of probation
- The exact regularization standards (KPIs, competencies, attendance rules, quality thresholds)
- The evaluation schedule and who evaluates
Give the employee copies of:
- Handbook/code of conduct
- Performance scorecards or role expectations
Acknowledge receipt in writing.

B. During probation (build the record)

Conduct documented check-ins (e.g., 30/60/90 days)
Issue written coaching or improvement plans where needed
Keep objective evidence (reports, metrics, client feedback, error logs)

C. If terminating for just cause

Notice to Explain → opportunity to be heard → notice of decision
Attach evidence and cite violated rules/policies
Ensure the employee’s explanation is actually considered

D. If terminating for failure to qualify

Provide written evaluation results tied to the disclosed standards
Give the employee a chance to comment/respond (best practice)
Issue a written notice of termination stating the standards not met and the effectivity date
Ensure everything happens within the probation period

E. If terminating for authorized cause

Serve 30-day written notices to both employee and DOLE
Apply fair selection criteria
Pay correct separation pay (if required) and final pay on time

7) Employee rights and what to do if you think the notice/termination is improper

If you are a probationary employee and believe you were terminated unfairly, common red flags include:

You were never told what standards you needed to meet
The stated “standards” were changed midstream or are impossible/unrelated to the role
You were dismissed suddenly for alleged misconduct without a Notice to Explain
You were terminated near the end of probation with no prior evaluations and no explanation
You were told “probationary ka lang” as the reason (without lawful ground)

Possible actions:

Request in writing for the basis of termination and copies of evaluations/records
Document timelines, communications, and witnesses
Consider filing a labor complaint (commonly for illegal dismissal or money claims) at the appropriate labor forum

Remedies in illegal dismissal findings can include reinstatement and backwages or separation pay in lieu of reinstatement, depending on circumstances, plus money claims. Even where cause exists, employers may still incur liability for failure to observe due process in certain contexts.

8) Final pay, clearance, and post-termination documents (often overlooked)

Regardless of probationary status, upon separation the employee generally remains entitled to:

Unpaid wages up to last day
Pro-rated 13th month pay
Cash conversion of unused leave credits if company policy/contract provides or if legally mandated for certain leave types
Other earned benefits under contract/company policy
A Certificate of Employment (commonly requested)

Employers often implement clearance processes, but clearance should not be used to unlawfully withhold final pay beyond lawful limits.

9) Quick reference: what notice is required?

Just cause (misconduct, neglect, fraud, etc.) → Two-notice rule + opportunity to be heard
Authorized cause (redundancy, retrenchment, closure, disease, etc.) → 30-day written notice to employee and DOLE (plus separation pay rules)
Failure to meet probationary standards → Written notice explaining failure to qualify based on disclosed standards; best practice includes an opportunity to respond and documented evaluation; ensure action is within the probation period

10) Bottom line

For probationary employees in the Philippines, the “notice requirement” is not one-size-fits-all. It depends on the ground:

Fault-based terminations demand procedural due process (two notices).
Business/health-based terminations demand 30-day notices to the employee and DOLE (and usually separation pay).
Failure to qualify demands proof of disclosed reasonable standards and fair, documented evaluation, with clear written notice anchored on those standards.

If you want, tell me whether you’re writing this for an HR policy manual, a blog post for employees, or a law-school style article—I can restructure the same content into the format you need (with checklists, sample notice templates, or a tighter doctrinal outline).