Philippines Labour Law: Termination of Probationary Employees

In human resources management, firing employees can be a troublesome matter, but during the employee's probation period, the firing procedure is relatively simple. This article will cover the key points under Philippine labour law regarding the dismissal of probationary employees.


An employee on probation may be dismissed for just cause or for the employee's failure to be a regular employee according to reasonable standards notified to the employee by the employer at the beginning of employment.

· If the reason for dismissal is justifiable, the employer must follow the "two notice rule" under labour law. This means that the employer must notify the employee in writing at least twice of the reason for the dismissal and give the employee an opportunity to defend himself.

· If the reason for dismissal is failure to meet the standards of a regular employee, then under the Philippine Labor Code, there is no clear provision on how much advance notice must be given for the termination of an employee on probation. However, termination must occur within the probation period. The employer must provide a probationary employee with a written notice detailing the reasons for termination.


Note: Employers must ensure that the criteria required to become a regular employee are discussed before signing a probationary contract or at the start of employment.

It is recommended to consult legal counsel or the Philippine Labour Department on specific issues for more accurate and detailed information.


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