Introduction
Probationary employment is a recognized employment arrangement under Philippine labor law. It allows an employer to observe an employee for a limited period and determine whether the employee meets the reasonable standards for regularization. At the same time, probation is not a license to keep a worker in a fragile or disposable status. Philippine law protects probationary employees with real, enforceable rights. They are employees from day one, not “applicants on extended trial.”
In the Philippine setting, the main legal framework comes from the Labor Code of the Philippines, its implementing rules, and Supreme Court decisions interpreting the law. The key ideas are simple but important: probation must have lawful standards, must not exceed the period allowed by law, and cannot be used to defeat security of tenure. A probationary employee may be dismissed only for a just cause or for failure to qualify under reasonable standards that were made known at the time of engagement.
This article explains the nature of probationary employment, the rights of a probationary employee, the rules on dismissal, the maximum duration of probation in the Philippines, the exceptions, the effect of defective probation arrangements, and the practical legal consequences for both workers and employers.
I. What is probationary employment?
Probationary employment is an employment status where an employee is engaged for a trial period during which the employer assesses fitness for regular employment. Under Philippine labor law, a person on probation is already an employee. The probationary period is not a pre-employment stage. It is part of employment.
The purpose of probation is to give the employer an opportunity to evaluate whether the employee can meet the employer’s reasonable standards for regularization. These standards may involve competence, productivity, attendance, work quality, trustworthiness, compliance with company rules, or other job-related criteria, provided they are lawful and reasonable.
Probation is therefore a conditional route to regular employment. If the employee meets the standards and the period ends, the employee becomes regular. If the employee fails to meet the standards, and the employer properly proves that failure under lawful procedures, the employer may terminate the probationary employment.
II. Legal basis in Philippine law
The principal statutory basis is the Labor Code provision on probationary employment, commonly cited under Article 296 of the Labor Code, formerly Article 281 before renumbering. The rule is supplemented by the Omnibus Rules Implementing the Labor Code and jurisprudence.
The core rule is this:
- Probationary employment shall not exceed six months from the date the employee started working, unless the work is covered by an apprenticeship agreement stipulating a longer period.
- The services of a probationary employee may be terminated for a just cause or when the employee fails to qualify as a regular employee in accordance with reasonable standards made known by the employer at the time of engagement.
- If no standards are made known at the time of engagement, the employee is generally deemed a regular employee, subject to limited exceptions recognized in case law where the nature of the job itself makes the standards self-evident.
This framework reflects the balance between management prerogative and labor protection.
III. Is a probationary employee already entitled to labor rights?
Yes. A probationary employee is a full employee for purposes of labor standards and general labor rights, except that security of tenure is qualified by the probationary nature of the engagement. This means a probationary employee enjoys the protections of labor law and cannot be treated as outside the employment relationship.
A probationary employee is generally entitled to:
- Payment of wages and statutory benefits
- Minimum wage and wage-related rights
- Overtime pay, holiday pay, rest day pay, service incentive leave, and other mandatory labor standards when applicable
- Coverage under SSS, PhilHealth, and Pag-IBIG, if legally required
- Safe and healthful working conditions
- Protection against illegal dismissal
- Due process in termination
- Freedom from discrimination and unlawful retaliation
- The right to self-organization, subject to applicable rules
- The right to be regularized upon meeting lawful standards or upon lapse of the lawful probationary period
Probation does not strip an employee of dignity, basic security, or legal remedies.
IV. Security of tenure of probationary employees
Probationary employees do have security of tenure, but it is limited in a specific way. They cannot be dismissed at whim. They may be terminated only on grounds recognized by law:
Just cause under the Labor Code, such as serious misconduct, willful disobedience, gross and habitual neglect, fraud or willful breach of trust, commission of a crime against the employer or the employer’s family or representatives, and analogous causes; or
Failure to qualify as a regular employee in accordance with reasonable standards made known by the employer at the time of engagement.
This means the employer cannot lawfully say, “You are only probationary, so we can let you go anytime.” That is incorrect in Philippine law. Probationary status does not erase the need for legal cause.
V. Maximum duration of probation in the Philippines
General rule: six months
The general maximum duration of probationary employment in the Philippines is six months from the date the employee started working.
This six-month ceiling is one of the most important rules in the subject. Once the lawful probationary period expires and the employee is allowed to continue working, the employee generally becomes a regular employee by operation of law.
The computation is usually based on calendar time from the first day of actual work. In labor disputes, even one day can matter. If the employee is retained beyond the allowable period without lawful termination before the end of probation, regularization may result automatically.
Why the six-month limit matters
The law prevents employers from keeping workers in prolonged uncertainty. A probationary arrangement is intended to be temporary and evaluative, not indefinite. The six-month rule is a safeguard against abuse, especially against repeated extensions, rolling probation terms, or disguised schemes to avoid regularization.
VI. Are there exceptions to the six-month rule?
Yes, but they are limited.
1. Apprenticeship agreements
The Labor Code expressly recognizes that where the work is covered by an apprenticeship agreement that stipulates a longer period, probation may exceed six months. This is a statutory exception tied to a specific training arrangement recognized by law.
This is not the same as simply calling a worker a trainee. The arrangement must fit the legal concept of apprenticeship and comply with applicable requirements. An employer cannot casually use “training” language to justify a longer probation.
2. Certain special employment settings recognized by law or jurisprudence
There are industries or roles where the employment framework is shaped by special rules or the nature of the work, but the general principle remains strict: an ordinary probationary employee cannot be made to serve beyond six months simply because the employer wants more time to evaluate.
In education, especially with teachers in private schools, there are distinct rules and jurisprudential treatment tied to academic cycles and standards for regularization. These situations are not always analyzed in exactly the same way as ordinary rank-and-file probationary employment under the six-month rule. In discussing Philippine labor law, this is usually treated as a specialized area rather than the ordinary default rule.
3. Interruptions not attributable to the employer’s attempt to evade regularization
There are cases where the running of the probationary period may be affected by legitimate interruptions, such as suspension of work or circumstances that prevent actual service. However, employers should be careful. An interruption is not automatically a lawful basis to extend probation. Courts look closely at whether the arrangement is genuine or merely a device to prolong non-regular status.
The safer legal proposition is that the six-month rule is strictly applied, and any extension must rest on a clear legal basis, not just company policy or convenience.
VII. Can probation be extended by agreement?
As a rule, probationary employment cannot simply be extended beyond six months by private agreement if the extension defeats the law’s protective purpose. Philippine labor law is not based on pure freedom of contract in the employment setting. A worker’s consent to an unlawful probation extension does not necessarily validate it.
There have been disputes where employers required employees to sign extensions after poor evaluations or incomplete assessments. Courts do not automatically uphold such extensions. The decisive question is whether the extension is legally valid and not a device to circumvent regularization.
A very cautious legal approach is this: an employer should not assume that a probationary period can be validly extended past six months merely because the employee signed an extension. If the employee continues working beyond the lawful period, regular status may attach.
VIII. When does a probationary employee become regular?
A probationary employee becomes regular in several common ways:
1. By meeting the employer’s reasonable standards
If the employee satisfies the standards for regularization during the probationary period, the employee becomes regular.
2. By lapse of the probationary period without lawful termination
If the employee continues working after the maximum lawful probationary period, the employee generally becomes regular by operation of law.
3. By failure of the employer to communicate the standards at the time of engagement
If the employer did not make reasonable standards known at the time the probationary employee was engaged, the employee is generally deemed regular from the start, unless the job is of such nature that the standards are self-evident.
4. By invalidity of the probationary arrangement
If the probationary classification itself is defective or unlawful, courts may treat the employee as regular.
IX. Requirement that standards be made known at the time of engagement
This is a central protection in Philippine probationary employment law.
For a probationary employee to be lawfully terminated for failure to qualify, the employer must prove that the employee was informed of the reasonable standards for regularization at the time of engagement.
This requirement has several parts:
- The standards must be reasonable
- They must relate to the job
- They must be communicated at the time the employee is hired or engaged
- The employer bears the burden of proving that this was done
The reason is fairness. A worker cannot be judged by hidden rules or shifting targets. An employer cannot wait until termination time and then invent vague complaints like “not a good fit” or “did not meet expectations” if those expectations were never properly defined.
What counts as communication of standards?
This depends on evidence. The standards may appear in:
- Employment contracts
- Appointment papers
- Job descriptions
- Company manuals
- Orientation materials acknowledged by the employee
- Evaluation forms tied to known criteria
- Written policies actually provided at the time of hiring
Mere general statements may be insufficient if they do not provide meaningful notice. Telling an employee only to “perform satisfactorily” may be too vague unless supported by a clear job framework.
Self-descriptive jobs exception
In some cases, jurisprudence recognizes that for certain jobs the standards are so obvious that formal written explanation may not be indispensable. For example, a driver is expected to know how to drive competently; a cook is expected to cook; a maid is expected to perform household tasks. Even then, employers should not rely too heavily on this exception. The prudent course is always to communicate standards clearly and in writing.
X. Rights of a probationary employee in detail
1. Right to know the standards for regularization
This is one of the most important rights. A probationary employee has the right to know, at the start, the standards that will determine regularization. Without this, dismissal for failure to qualify becomes vulnerable to being declared illegal.
2. Right to wages and labor standards benefits
A probationary employee is entitled to be paid correctly and on time. Probation is not a legal reason to pay below minimum wage or to deny mandatory benefits that the law grants to employees.
Depending on the circumstances and coverage of the law, the employee may be entitled to:
- Minimum wage
- Overtime pay
- Premium pay for rest days or special days
- Holiday pay
- Night shift differential
- Service incentive leave
- 13th month pay
- Contributions to SSS, PhilHealth, and Pag-IBIG
The employer cannot justify noncompliance by saying the employee is not yet regular.
3. Right to humane working conditions
Probationary employees are covered by occupational safety and health standards and general workplace protections. They cannot lawfully be exposed to unsafe conditions just because they are still being evaluated.
4. Right against discrimination
An employer may not use probation as cover for discrimination based on sex, religion, age where prohibited, union activity, pregnancy, disability within the bounds of law, or other protected grounds. Termination dressed up as “failure to qualify” may still be struck down if the true cause is unlawful discrimination or retaliation.
5. Right to due process before dismissal
A probationary employee dismissed for just cause is entitled to procedural due process. If the ground is failure to qualify under standards, the employer must still observe the procedural requirements applicable to probationary termination, including notice within the proper period. Dismissal cannot be arbitrary or secretive.
6. Right not to be dismissed without lawful cause
This is the core of the limited security of tenure rule. Even during probation, there must be legal basis for termination.
7. Right to regularization once legally entitled
When the employee has met the standards, or when the probationary period has lapsed without valid termination, or when the employer failed to comply with legal requisites of probation, the employee has the right to be considered regular.
8. Right to contest illegal dismissal
A probationary employee who is unlawfully terminated may file a complaint for illegal dismissal before the National Labor Relations Commission machinery through the proper labor arbiter process. Remedies may include reinstatement, backwages, or separation pay in proper cases, depending on the facts and rulings.
XI. Grounds for termination of a probationary employee
A probationary employee may be terminated on two broad grounds.
A. Just causes
These are the same serious grounds that may justify dismissal of regular employees, such as:
- Serious misconduct
- Willful disobedience of lawful orders
- Gross and habitual neglect of duties
- Fraud or willful breach of trust
- Commission of a crime or offense against the employer, family members, or authorized representatives
- Analogous causes
If dismissal is based on just cause, the employer must prove the factual basis and comply with procedural due process.
B. Failure to qualify under reasonable standards
This is unique to probationary employment. The employer may lawfully terminate if the worker fails to qualify as a regular employee according to reasonable standards that were made known at the time of engagement.
This ground is not the same as mere dislike or subjective disappointment. The employer should be able to show:
- What the standards were
- That the employee was informed of them at the time of hiring
- How the employee failed to meet them
- That the assessment was made in good faith
- That notice requirements were observed
XII. Procedural due process in terminating a probationary employee
The procedural requirements vary depending on the ground.
If dismissal is for just cause
The conventional due process rule applies: the employee must generally receive:
- A first written notice specifying the acts or omissions charged
- A meaningful opportunity to explain and be heard
- A second written notice informing the employee of the decision to dismiss
This is the usual two-notice rule in just-cause termination.
If dismissal is for failure to qualify during probation
The implementing rules require that a probationary employee who is terminated for failure to meet standards be given a written notice served within a reasonable time from the effective date of termination. Jurisprudence often discusses this as a distinct procedural requirement from just-cause dismissal.
In practice, employers should still document the evaluation, the standards used, and the written notice of non-qualification. Bare assertions are risky.
Consequence of procedural defects
If there is a valid ground but defective procedure, the dismissal may remain substantively valid but the employer may be liable for nominal damages under prevailing doctrine. If there is no valid ground at all, the dismissal is illegal.
XIII. Is a probationary employee entitled to a hearing?
For just-cause termination, yes, the employee must be given an opportunity to explain and defend against the charge.
For failure to qualify under standards, the law and rules focus more on the written notice requirement, but fairness and good documentation remain important. While the procedure is not always identical to the full just-cause hearing process, the employer cannot act in bad faith or without factual basis.
XIV. Can an employer terminate a probationary employee on the last day?
Yes, provided the termination is lawful, supported by valid grounds, and accompanied by proper notice. The fact that the dismissal occurs near the end of probation does not by itself make it illegal.
However, last-minute terminations often attract scrutiny. Courts may examine whether:
- The standards were really communicated at hiring
- The evaluation was real and documented
- The dismissal was timely
- The employer was merely trying to avoid regularization
A suspiciously timed termination without records or clear standards may be ruled illegal.
XV. What if the employee keeps working after six months?
As a general rule, the employee becomes regular by operation of law if allowed to work beyond the lawful probationary period without valid termination before the period ends.
This is one of the most settled and practical rules in Philippine labor law. Employers must track probation periods carefully. Once the period expires and the employee continues rendering work, regularization may no longer be avoidable.
XVI. What if there is no written probationary contract?
A written contract is very important, but the absence of a written contract does not automatically mean there is no employment. The bigger issue is whether the employer can prove that the employee was truly probationary and that the standards for regularization were communicated at the time of engagement.
If the employer cannot prove the probationary terms and standards, the employee may be deemed regular. In labor cases, ambiguity is often construed against the employer, especially where the employer controls the documentation.
XVII. What if the contract says “probationary,” but standards were never explained?
Then the employer faces serious legal difficulty in dismissing the employee for failure to qualify. The label “probationary” alone is not enough. The law requires reasonable standards made known at the time of engagement.
If those standards were not communicated, the employee may be considered regular from the start, except in limited cases where the nature of the work itself makes the standards obvious.
XVIII. Can an employer repeatedly hire employees on probation for the same role?
Not lawfully as a scheme to avoid regularization. Repeated probationary appointments, serial short-term contracts, or rotating workers through the same regular functions may be treated as labor-only arrangements designed to defeat security of tenure. Courts look beyond labels and examine the substance of the relationship.
If the job is necessary or desirable in the usual business of the employer and the worker has effectively been retained beyond the lawful limits or through bad-faith schemes, regularization issues arise.
XIX. What is the difference between probationary and fixed-term employment?
This distinction matters.
Probationary employment
- The employee is on trial for possible regularization
- The law imposes a maximum probation period, generally six months
- The employee may be terminated for just cause or failure to meet known standards
Fixed-term employment
- The employment ends on a date certain agreed upon by the parties
- The legality depends on whether the term is genuine and not used to circumvent labor rights
Employers sometimes confuse or combine these concepts. A contract may be called fixed-term, probationary, project-based, or seasonal, but the true nature of employment depends on law and facts, not labels alone.
A probationary employee is not automatically a fixed-term employee, and a fixed-term clause cannot be used to erase the legal rights attached to probationary status.
XX. What is the difference between probationary and contractual employment?
In Philippine usage, “contractual” is often used loosely, sometimes inaccurately. Many workers called “contractual” are actually probationary, fixed-term, project, seasonal, or agency-hired workers under different legal categories.
Probationary employment is a specific status under the Labor Code. It should not be confused with casual, project, seasonal, or fixed-term employment. Each has different rules on duration, regularization, and termination.
XXI. Probationary employment and the rule on work “usually necessary or desirable”
The general rule in labor law is that an employee performing activities usually necessary or desirable in the usual business or trade of the employer may become regular, subject to recognized categories like probationary employment.
This means probationary employment is an exception in timing, not a negation of regularization principles. An employee may begin as probationary, but once the law’s conditions are met or the probationary period lapses, regular status can attach even if no formal regularization paper is issued.
XXII. Performance evaluations during probation
Employers often use performance appraisals during probation. These are lawful and useful, but they must be tied to standards communicated at the start. Evaluations should be fair, objective, job-related, and documented.
From a legal standpoint, the best evaluation systems:
- Use measurable criteria
- Are consistent with the employee’s job description
- Are explained at the beginning
- Are conducted at reasonable intervals
- Are acknowledged by the employee
- Reflect actual performance, not personal bias
An unsupported claim that the employee “failed evaluation” may be weak if there are no records or if the standards were not previously disclosed.
XXIII. Common unlawful practices involving probationary employees
Several recurring practices create legal risk:
1. Hidden standards
The employee is told only after several months what the expectations supposedly were.
2. Vague standards
The employer uses broad phrases without concrete indicators, then terminates the employee for subjective reasons.
3. Repeated extensions beyond six months
The employer extends probation again and again to avoid regularization.
4. Forced resignations
The employee is pressured to resign near the end of probation instead of being properly terminated or regularized.
5. Rotation or re-hiring schemes
The employer ends one probationary engagement and rehires the same worker under another label.
6. Backdated or fabricated evaluations
Records are prepared only after a dispute arises.
7. Treating probationary employees as having no rights
This includes nonpayment of benefits, denial of due process, or summary dismissal.
All these practices can lead to findings of illegal dismissal, underpayment, or regular employment by operation of law.
XXIV. Remedies of a probationary employee who is illegally dismissed
A probationary employee who is illegally dismissed may file a labor complaint. Depending on the facts, possible remedies include:
- Reinstatement without loss of seniority rights
- Full backwages
- Regularization or recognition of regular status, where justified
- Separation pay in lieu of reinstatement, in proper cases
- Nominal damages if the employer had valid cause but failed procedural due process
- Recovery of unpaid wages and benefits
- Attorney’s fees in proper cases
The exact remedy depends on whether the dismissal lacked substantive cause, procedural due process, or both.
XXV. Burden of proof in probationary dismissal cases
In termination disputes, the employer bears the burden of proving that the dismissal was lawful. For probationary employees, this includes proving:
- The employee was validly under probation
- Reasonable standards existed
- The standards were made known at the time of engagement
- The employee failed to meet those standards, or there was just cause
- Proper procedure was followed
If the employer cannot prove these, doubts are commonly resolved in favor of labor.
XXVI. Can probationary employees join unions or engage in protected concerted activity?
Generally, yes. Probationary employees are employees and are not automatically excluded from the right to self-organization merely because they are not yet regular. They also remain protected against dismissal for unlawful anti-union discrimination or retaliation.
The details may depend on the bargaining unit, union constitution, and labor relations rules, but probationary status alone is not a blanket disqualification from labor rights.
XXVII. Can a probationary employee be dismissed for absenteeism or poor attendance?
Yes, but the legal basis must be clear.
If attendance is part of the reasonable standards made known at hiring, failure to meet that standard may justify non-regularization. If the absenteeism is serious and fits a just cause ground such as gross and habitual neglect or willful disobedience of leave rules, the employer may proceed under just cause, subject to due process.
But the employer must still prove the facts. Not every attendance issue justifies dismissal.
XXVIII. Can a probationary employee be dismissed while on leave or after illness?
Probationary status does not permit dismissal for prohibited or unlawful reasons. The employer must distinguish between genuine inability to meet lawful standards and unlawful discrimination or retaliation tied to health or protected leave rights.
These cases become highly fact-sensitive. The question is not whether the employee is probationary, but whether the dismissal had a lawful, provable basis and complied with labor standards and fair treatment.
XXIX. Can maternity, pregnancy, or similar status be used against a probationary employee?
No. Probationary status cannot lawfully be used to mask discrimination. An employer may not dismiss an employee on account of pregnancy or other prohibited grounds and then label it as non-qualification. If the real reason is discriminatory, the dismissal is vulnerable to legal challenge.
XXX. Interaction with company policies
Company policies may define probation procedures, evaluation forms, conduct rules, and regularization requirements. These are valid only if they are consistent with law. Company policy cannot override the Labor Code.
For example:
- A company cannot validly declare a one-year probation for an ordinary employee just because its handbook says so.
- A company cannot dispense with notice because its policy allows “automatic non-confirmation.”
- A company cannot invent standards at the end of the probation period.
Internal rules must yield to statutory rights.
XXXI. Special note on teachers and educational institutions
Probation in schools, especially private educational institutions, is a specialized area. The rules often interact with academic terms, school regulations, and specific jurisprudence on faculty probation and regularization. The ordinary six-month rule does not always map neatly onto academic employment situations.
That said, the same broad values remain relevant: standards must be known, the employee must be fairly evaluated, and probation cannot be used oppressively. Anyone dealing specifically with private school faculty should analyze that subject under the applicable special framework rather than rely solely on the ordinary six-month rule for general employees.
XXXII. Practical indicators that a probationary employee may already be regular
A worker may already have a strong argument for regular status if one or more of these are present:
- The worker has rendered service beyond six months in ordinary employment
- The employer never gave standards at hiring
- The worker performs core functions necessary to the business and has long been retained
- The probationary contract was repeatedly extended without clear legal basis
- The employer cannot show evaluation records or lawful notice
- The worker was rehired several times for the same essential work
No single factor always decides the case, but these are common warning signs.
XXXIII. Best legal practices for employers
A legally careful employer should:
- Clearly state probationary status in writing at hiring
- State reasonable standards for regularization at the time of engagement
- Align standards with actual job duties
- Conduct honest and documented evaluations
- Decide on regularization or termination before the end of the lawful probationary period
- Serve proper written notice
- Avoid extending probation beyond what the law permits
- Avoid using probation to hide discrimination or bad faith
These are not merely HR good practices. They are also legal risk controls.
XXXIV. Best legal practices for employees
A probationary employee should:
- Keep a copy of the contract and job description
- Ask for written standards if they were not provided
- Keep performance evaluations, notices, and work records
- Note the exact start date of employment
- Keep payroll records and proof of benefits or lack thereof
- Preserve messages or memos about targets and evaluations
- Act promptly if terminated unlawfully
In labor disputes, documents and dates are often decisive.
XXXV. Frequently misunderstood points
“Probationary employees can be terminated anytime for any reason.”
False. There must be just cause or failure to meet lawful standards made known at hiring.
“Probationary employees are not entitled to statutory benefits.”
False. They are employees and generally entitled to labor standards benefits.
“If the contract says one year probation, that is automatically valid.”
False for ordinary probationary employment. The general legal limit is six months, subject to recognized exceptions.
“An employee becomes regular only when given a regularization letter.”
False. Regular status may arise by operation of law.
“The employer can explain the standards later during evaluation.”
Generally false. The standards must be made known at the time of engagement.
“An employee who signed an extension can no longer question it.”
Not necessarily true. Labor rights cannot always be waived by private agreement, especially if the arrangement defeats the law.
XXXVI. Core jurisprudential themes
Philippine case law on probationary employment repeatedly emphasizes several themes:
- Security of tenure applies even to probationary employees, though in qualified form
- Reasonable standards must be disclosed at the start
- Hidden or post-hoc standards are not valid bases for dismissal
- The six-month period is strictly important
- Continued work beyond the lawful probation period can result in regularization
- Labels in contracts do not control over actual facts and legal requirements
- Doubts are generally resolved in favor of labor when the employer fails in proof
These themes reflect the constitutional and statutory policy of protecting labor while respecting legitimate management prerogative.
XXXVII. Summary of the maximum duration rule
To state the rule plainly:
In the Philippines, the maximum duration of probationary employment is generally six months from the date the employee starts working.
The main recognized statutory exception is when the work is covered by a valid apprenticeship agreement stipulating a longer period. Certain specialized sectors, such as private school teaching, may involve distinct legal treatment, but for ordinary employment the six-month rule is the standard.
If the employee continues working after the lawful probationary period without valid termination, the employee generally becomes regular by operation of law.
XXXVIII. Summary of the rights of a probationary employee
A probationary employee in the Philippines has the right:
- To be treated as an employee from day one
- To know the reasonable standards for regularization at the time of engagement
- To receive wages and mandatory benefits under labor standards laws
- To safe and lawful working conditions
- To protection against discrimination and retaliation
- To security of tenure in the sense that dismissal must be based on lawful cause
- To due process in termination
- To be regularized upon meeting standards or upon lapse of the lawful probationary period
- To challenge illegal dismissal and recover appropriate remedies
Conclusion
Probationary employment in the Philippines is not a period of legal vulnerability without rights. It is a lawful but tightly regulated stage of employment. The employer has the right to evaluate; the employee has the right to fairness, transparency, due process, and eventual regularization when the law so provides.
The most important legal rules are these: the standards for regularization must be reasonable and made known at the time of engagement; dismissal during probation must be for just cause or failure to meet those standards; and the probationary period generally cannot exceed six months from the start of work. When employers ignore these limits, the law can treat the worker as regular and the dismissal as illegal.
In Philippine labor law, probation is a testing period, not a loophole.