Dear Attorney,

I am currently employed but have not been regularized without a valid reason despite working for the company beyond the probationary period. Could you please advise me on the proper legal steps I can take to address this situation?

Sincerely,
Concerned Employee

Insights

In the Philippines, labor laws protect employees from unfair labor practices, including unjust failure to regularize. The regularization of an employee is a right established under the Labor Code of the Philippines, and an employer’s failure to comply can give rise to a potential claim for regularization or even illegal dismissal, depending on the circumstances.

According to the Labor Code, a probationary employee must be regularized if they have satisfactorily met the reasonable standards set by the employer during the probationary period, which should not exceed six months unless a specific apprenticeship agreement exists. If the employer fails to regularize the employee after six months without valid reason, the employee automatically attains regular status by operation of law.

Grounds for Non-Regularization

There are two valid grounds for an employer to withhold regularization:

Failure to Meet Standards: Employers may decide not to regularize an employee if they do not meet the standards for the position within the probationary period. These standards must have been communicated to the employee upon hiring.
Just Cause: Dismissal or non-regularization may occur if the employee commits any act that would constitute just cause for termination under the law, such as serious misconduct or gross and habitual neglect of duties.

However, if the employee has met the established standards and no valid cause for dismissal exists, the employer cannot withhold regularization arbitrarily.

Remedies for Non-Regularization

An employee who believes they have been unjustly denied regularization has the following legal remedies:

File a Complaint with the Department of Labor and Employment (DOLE): The first step is to file a formal complaint with DOLE. This can trigger an inspection or mediation to resolve the issue.
Pursue an Illegal Dismissal Case: If the employer terminates the employee or forces the employee to resign due to non-regularization, the employee may file an illegal dismissal case before the National Labor Relations Commission (NLRC). In such cases, reinstatement and back wages may be claimed.
Consult a Lawyer: Seeking legal assistance ensures that the employee’s rights are protected throughout the process. A labor lawyer can help assess the situation, gather evidence, and file the necessary complaints.

In summary, unjust non-regularization can be remedied through filing complaints or legal action to enforce an employee’s rights. The law provides strong protections for workers, particularly against arbitrary and unfair labor practices.