Probationary Employment Contract

Summary

⦁ A probationary employment contract is an employment arrangement between an employer and a probationary employee wherein the latter will be required to undergo a probationary period to determine their fitness to qualify for regular employment.

⦁ The probationary employment should not exceed 180 calendar days.

⦁ The standards or criteria for regular employment should be made known to the employee on/before the engagement.

⦁ Probationary employees enjoy security of tenure.

⦁ Non-compliance of the requirements may result in the employee being reclassified as a regular employee.

1. Legal basis

Labor CodeART. 296. [281] Probationary Employment. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee. (Labor Code)

There is probationary employment when the employee upon his engagement is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time o...

 



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