Legal Question in Employment Law in Philippines

Re: Probationary or Permanent Employee

Greetings!

Hi Michael this is Atty. Carolyn Malicdem of Manila

GENERAL RULE: Probationary employment shall not exceed six months from the date the employee started working.

EXCEPTIONS:

1. when it is covered by an apprenticeship agreement stipulating a longer period; or

2. when the parties to an employment contract agree otherwise, such as when the same is established by company policy or when the same is required by the nature of the work to be performed by the employee

EFFECT IF PROBATIONARY EMPLOYEE IS ALLOWED TO WORK BEYOND 6 MONTHS

If the probationary employee is allowed to work beyond the period of 6 months or the agreed probationary period, said employee becomes a regular employee by operation of law.

Under the Labor Code, �an employee who is allowed to work after a probationary period shall be considered a regular employee.� (Art. 281.)

Hence, under the law, since you've been working for 5 consecutive years, you becomes a regular employee by operation of law.

Re: Probationary or Permanent Employee

Mr.Manalo the rule in a teaching personnel is that a probationay period is for three (3) years and you should be on a full time basis with a full load units. Thereafter, you will acquire the status of a regular employee.