Lapse of probationary period

Dear PAO,

One week after completing my probationary period, my employer informed me that he will be extending my probationary status for three more months. Can my employer validly do so?

Kris

Dear Kris,

Please be informed of Article 281 of the Labor Code of the Philippines, which states that:

“Art. 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.” (Emphasis supplied)

As provided under Article 281 of the said Code, a probationary employee who was allowed to work after his probationary period will be considered a regular employee.

The employee will automatically become a regular employee starting from the very first day after the completion of the probationary period.

Since you have mentioned that one week has lapsed since the completion of your probationary period, then you have already attained the status of a regular employee. With that, your employer can no longer require you to undergo another probationary period since you are already considered as a regular employee. Well settled is the rule that there can be no diminution of status and benefits once the same have been acquired.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.