End of Probation Notice by Employer

An End of Probation Notice is a letter sent by an employer to a probationary employee whose employment may continue or end depending on whether the employee has successfully passed the standards or requirements of the employer for the regular employment of the employee.

Note that a probationary employee must have been informed of his status as such at the beginning of his employment as well as the standards or requirements to pass as a regular employee after the probationary period, otherwise, failure to do so (informing the employee of his probationary status and the work standards) will make him a regular employee.

Probationary Period

The period of probation generally lasts for 6 months after which the employee must be informed of whether he successfully completed the same or otherwise. If the employee succeeds and meets the employer's standard after the probationary period, his employment will be maintained and his status will change to that of a regular employee. On the other hand, if the employee fails to meet said standards, his employment may be ended after the probationary period.

If the employment will no longer continue, this notice should not replace a termination letter as the employee must first be given the chance to defend himself after failing the employer's standards. After a reasonable time and giving the employee said chance, the employer can use an Employment Termination Letter to notify the dismissed employee of the fact of his termination.

Further, during the period of probation, it must be noted that the employee cannot be dismissed without any cause, he can only be dismissed when there are just or authorized causes for dismissal, in which case, an Employment Termination Letter should be used.

Performance Evaluation

There should be a basis to determine whether the employee succeeds and becomes a regular employee or otherwise, and this basis is usually called a performance evaluation. A performance evaluation is a process where the employee's work performance is monitored to determine whether he meets the standard of the employer, the results of which should be given or shown to the employee.

How to use this document

The following are the essential contents of this notice:

• The details of the employer,
• The details of the probationary employee,
• The option to state the meeting held to discuss the employee's probationary status, and
• The option to include the results of the employee's performance evaluation,

After completing the letter, it must be signed by the person who will send it (the employer or representative), and a copy must be kept after sending it to the employee. The results of the employee's performance evaluation should be attached to this notice if applicable.

Applicable Law

The Labor Code of the Philippines is the law that governs employment termination in the Philippines. The Department of Labor and Employment also issues Department Orders to implement the laws found in the Labor Code and sets the daily minimum wage rates.

The general rules on contracts and obligations found in the Civil Code of the Philippines also apply.

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