Can an employer terminate the services of a probationary employee before the six-month trial period ends?
Yes, an employer has the legal right to terminate a probationary employee even before the completion of the standard six-month period. However, this termination cannot be arbitrary and must be based on a valid just cause. Alternatively, the employer can dismiss the probationary worker if they fail to qualify as a regular employee based on reasonable standards. These reasonable standards must have been clearly communicated by the employer to the employee at the very beginning of their engagement. This rule governing probationary workers is specified in Article 296 Labor Code of the Philippines. “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.” 02-Jun-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
