Under the law, what is the maximum duration for a probationary employment before an employee must be considered regular?

Probationary employment serves as a trial period for the employer to observe the fitness of the employee for regular employment. By default, this probationary period must not exceed six months from the date the employee initially started working. The only exception is if the employment is covered by an apprenticeship agreement that explicitly stipulates a longer period. If the employee is allowed to continue working after this probationary period ends, they shall be automatically considered a regular employee. This protection is mandated under Article 296 Labor Code of the Philippines. “ART. 296. 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.” 02-Jun-26

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