Question: If a probationary employment contract has a coverage period of 6 months, is resignation necessary after the coverage period ends, especially if no work evaluation is done?

In the Philippines, employment law recognizes two primary types of employment: regular and probationary. Probationary employment allows an employer to evaluate a new employee's performance over a specific period, usually up to six months, to determine whether they are fit for regular employment. The duration and terms of this probationary period are typically outlined in the employment contract.

Resignation During Probationary Employment:

During the probationary period, either the employer or the employee may terminate the employment relationship under certain conditions. If an employee wishes to resign during the probationary period, they are generally required to give notice to the employer, as stipulated in their contract or under applicable labor laws. The standard notice period is often 30 days, although this can vary based on the agreement between the employer and the employee.

Completion of the Probationary Period:

At the end of the probationary period, if the employee's performance meets the employer's standards, they are usually absorbed as a regular employee. However, if no work evaluation is conducted, and the employer does not communicate the outcome of the probationary period, the employee may still transition into regular employment by default. This is based on the assumption that the lack of an evaluation or formal termination implies the employee has met the necessary criteria.

Resignation After the Probationary Period:

Once an employee transitions to regular status, the resignation process follows the standard procedure for regular employees, which typically involves a 30-day notice period unless otherwise specified in the employment contract. However, if the employment contract or company policy specifies a different process for resigning after the probationary period, those terms would generally prevail.

Key Considerations:

Employment Contract Terms: Employees should review the terms of their employment contract, as it may contain specific provisions regarding resignation during or after the probationary period.
Notice Period: Whether resigning during the probationary period or after becoming a regular employee, adhering to the required notice period is essential to avoid potential legal complications.
Lack of Evaluation: If an employer does not perform a work evaluation at the end of the probationary period, the employee may automatically become a regular employee. This transition impacts the resignation process, as the rights and obligations of regular employees will apply.
Legal Advice: If there is any ambiguity or dispute regarding the resignation process or the employment status after the probationary period, it may be beneficial for the employee to seek legal advice to ensure compliance with labor laws.

In summary, resignation after the coverage period of a probationary employment contract is still necessary if the employee decides to leave the company. The specific requirements for resignation depend on the terms of the employment contract and whether the employee has transitioned to regular status. Understanding these factors is crucial for both employers and employees to ensure that the termination of employment is handled correctly and in accordance with Philippine labor laws.