Probationary Employee Rights Philippines

Dear Attorney,

I am currently employed as a probationary employee and have encountered a situation regarding my absences and leave requests. I am concerned about whether I have the right to take a leave or be absent from work without jeopardizing my probationary status. I would like to understand my legal rights under Philippine law concerning this issue.

Can you please provide insights on this matter? Thank you in advance for your guidance.

Sincerely,
Concerned Probationary Employee

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Insights

Under Philippine law, a probationary employee, while not enjoying the full benefits of regular employees, is still entitled to certain rights, including the possibility of taking leaves or absences, depending on the company’s policies and the Labor Code provisions. The key element to consider is whether the probationary employee’s leave or absence affects their performance or evaluation criteria as set by the employer.

Key Provisions Under Philippine Labor Law:

1. Labor Code of the Philippines: Probationary employment is governed by Article 296 (formerly Article 281) of the Labor Code, which states that a probationary period should not exceed six months unless covered by an apprenticeship agreement. During this period, the employee must meet the employer’s reasonable standards to qualify for regularization.

2. Right to Benefits: Although probationary employees may not immediately have access to the same benefits as regular employees, they are entitled to benefits such as SSS, PhilHealth, and Pag-IBIG from the moment they start employment, as these are mandated by law. Leave benefits, however, are generally governed by company policy, unless covered by other statutory requirements like the Solo Parent Leave or Maternity Leave, which apply regardless of employment status.

3. Effect of Absences: Probationary employees must meet specific performance standards to qualify for regular employment. Excessive or unjustified absences may hinder an employee’s ability to meet these standards and could be grounds for non-regularization. However, legitimate reasons for absence, such as illness (supported by medical certification) or leaves covered by law (e.g., maternity leave), should not negatively affect the probationary employee’s status, provided proper procedures are followed.

4. Company Policies: Employers often have specific internal policies regarding probationary employees and leaves of absence. These policies are typically included in the employee handbook and should be adhered to by both the employer and the employee. In some instances, companies allow probationary employees to take leave, but with restrictions, such as not exceeding a certain number of days or not affecting their evaluation period.

Key Takeaways:

• Probationary employees are expected to meet company standards during the probation period.
• Company policies typically dictate the extent to which a probationary employee can take leave.
• Certain statutory leaves, like maternity or paternity leave, apply even to probationary employees.
• Excessive or unapproved absences can jeopardize the employee’s chance for regularization.

It is crucial for probationary employees to fully understand their rights and responsibilities as defined by their employment contract and company policy to ensure their leave or absence does not affect their employment status. Consulting with HR or reviewing the employee handbook is advisable for clarification on specific leave entitlements during the probationary period.