Article 296 [281] of the Labor Code: Probationary employment
The number in brackets, [281], is the article's number before the 2015 renumbering of the Labor Code.
Status: In force
What does Article 296 [281] say?
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.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 296 (Article 281 before the 2015 renumbering) sets the rules for probation, the trial period before an employee becomes regular. Probation may not last more than six months, unless an apprenticeship agreement sets a longer period. During probation, the employee can be let go only for a just cause or for failing reasonable standards made known at the time of hiring. An employee who keeps working after the probationary period is a regular employee.
The full text:
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.
How does it work in real life?
Rhea: past six months
Rhea starts as a probationary staff nurse on June 1. Her employer neither ends her probation validly nor tells her anything, and she keeps working into December. Having been allowed to work after the probationary period, she is a regular employee by law.
Paolo: no standards given
Paolo's contract says only "probationary for six months". Nobody tells him what he must achieve to become regular, and his job is not self-descriptive. Under the rule quoted in Abbott, he is deemed a regular employee.
Ivy: dismissed in month three
Ivy is dismissed in her third month for a reason that is neither a just cause nor a failure to meet standards made known to her. Under C.P. Reyes Hospital, her backwages run up to reinstatement, or up to the finality of the decision if reinstatement is not feasible, and not only to the end of the sixth month.
What does this mean in practice?
- Standards given in writing at the start are easier to prove later. They decide whether probation can be ended for failing to qualify.
- Probation does not mean the employee can be dismissed at will. The employer must prove a just cause or a failure to meet standards made known at hiring.
- For a dismissal for a just cause, the employer must follow the notice rules: see fired without notice and Agabon v. NLRC.
- For the full question-and-answer guide, see can a probationary employee be terminated. For a side-by-side view, see probationary vs regular employee.
How long can probation last?
Up to six months, counted from the date the employee started working. The only exception in the article is an apprenticeship agreement that stipulates a longer period.
What are the valid grounds to end probation?
Only two:
- A just cause, the same kind of fault that allows the dismissal of a regular employee, such as serious misconduct or gross and habitual neglect of duty ([Article 297 [282]](/law/labor-code/article-297)).
- Failure to qualify as a regular employee under reasonable standards that the employer made known to the employee at the time of engagement.
What if the standards were never explained?
The implementing rule quoted by the Supreme Court in Abbott Laboratories v. Alcaraz (2013) says: "Where no standards are made known to the employee at that time, he shall be deemed a regular employee." In the same case, the Court said an employer is deemed to have made the standards known when it "has exerted reasonable efforts to apprise the employee of what he is expected to do or accomplish during the trial period of probation". It also said this is not needed "when the job is self-descriptive in nature, for instance, in the case of maids, cooks, drivers, or messengers."
When does a probationary employee become regular?
When the employee is allowed to work after the probationary period. In C.P. Reyes Hospital v. Barbosa (2024), the Supreme Court En Banc said the change from probationary to regular "happens ipso facto, or by force and operation of law". No letter or new contract is needed. See [Article 295 [280]](/law/labor-code/article-295) for the rules on regular employment.
What can a probationary employee recover if illegally dismissed?
The same as a regular employee. In C.P. Reyes Hospital, the Court held that "illegally dismissed probationary employees, like regular employees, are entitled to backwages up to their actual reinstatement." If reinstatement is not feasible, backwages are computed up to the finality of the decision. The Court said this to settle conflicting earlier rulings, some of which had limited backwages to the end of the probationary period. See [Article 294 [279]](/law/labor-code/article-294).
The Court also said that "the standards of due process for termination of regular employees (or the 'two-notice rule') equally apply to probationary employees in cases of termination for just cause."
Which Supreme Court rulings are relevant?
- Agabon v. NLRC (G.R. No. 158693)Agabon v. NLRC explained: a dismissal for a just cause stays valid even without the two notices, but the employer must pay the worker nominal damages.
- Abbott v. Alcaraz (G.R. No. 192571)Abbott v. Alcaraz explained: when a probationary employee is told the standards for becoming regular, and why breaking company rules cost the employer.
Frequently asked questions
How long can probationary employment last?
Not more than six months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. That is the rule in Article 296 [281] of the Labor Code.
What happens if I keep working after six months of probation?
Article 296 says an employee who is allowed to work after a probationary period shall be considered a regular employee. In C.P. Reyes Hospital v. Barbosa (2024), the Supreme Court said the change happens ipso facto, by force and operation of law.
Can a probationary employee be dismissed?
Yes, but only for a just cause or for failing to qualify as a regular employee under reasonable standards that the employer made known at the time of hiring. Any other reason makes the dismissal illegal.
What if my employer never told me the standards?
The implementing rule quoted by the Supreme Court in Abbott Laboratories v. Alcaraz (2013) says that where no standards are made known at the time of engagement, the employee is deemed a regular employee. The Court allowed an exception for self-descriptive jobs, such as maids, cooks, drivers or messengers.
Does the two-notice rule apply to probationary employees?
For dismissal for a just cause, yes. In C.P. Reyes Hospital v. Barbosa (2024), the Supreme Court said the standards of due process for regular employees, the two-notice rule, equally apply to probationary employees dismissed for a just cause.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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