Probationary employment: standards, duration and regularization

Keep the starting documents

Compare what the employer expects at review with what was communicated at engagement. If the criteria are vague, ask for measurable expectations early, while there is time to act on the feedback.

• The employment offer, signed contract and actual start date.
• The job description and regularization criteria given when you joined.
• The stated review schedule and probation end date.
• Any written changes, performance reviews or training arrangements.

Ask what each performance finding refers to

A review should be understandable from the work records. Ask which regularization standard is involved, which work or incident supports the finding and what improvement is expected. Keep the response together with the review.

For example, if the criterion concerns timely reports, list the reports, due dates and submission dates being discussed. That gives both sides a concrete record instead of competing impressions about reliability.

What happens at the end of probation?

An employee allowed to work after the applicable probationary period is generally treated as regular under the Labor Code. A missing confirmation letter does not, by itself, answer the legal-status question.

If the employer proposes an extension, request the legal and factual basis in writing. Avoid treating a new contract label as conclusive. Recognized exceptions and disputed extensions need individual review.

Probation does not remove dismissal rules

Failure to qualify under reasonable standards made known at engagement can be a basis for ending probationary employment. Applicable rules require written notice for termination on that basis. Dismissal for a just cause raises its own procedural requirements.

Ask for the stated ground, supporting evaluation and effective date. Retain the notice and attendance records, especially if there is disagreement over whether work continued after the probationary period.

Check benefits and pay separately from employment status

Do not assume every statutory benefit starts only after regularization. Each benefit has its own coverage and qualifying conditions. For example, the 13th-month rule focuses on covered rank-and-file employees who worked at least one month in the calendar year.

If you leave during probation, request your COE and an itemized final-pay statement. Check your notice obligations separately rather than assuming probation permits an immediate departure in every case.