A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer.

The word probationary, as used to describe the period of employment, implies the purpose of the term or period. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment. Statutory definition of Probationary Employment: ART. 281. Probationary Employment. - 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.

NATURE OF PRABATIONARY EMPLOYMENT

Philippine Federation of Credit Cooperatives, Inc. vs. NLRC, G.R No. 121071; A probationary

employment is made to afford the employer an opportunity to observe the fitness of a probationer while at work, and to ascertain whether he will become a proper and efficient employee. Probationary employees, notwithstanding their limited tenure, are also entitled to security of tenure. Thus, except for just cause as provided by law, or under the employment contract, a probationary employee cannot be terminated. Villanueva v. NLRC, where the Court ruled that where a contract of employment, being a contract of adhesion, is ambiguous, any ambiguity therein should be construed strictly against the party who prepared it. The said rule is applicable to Contract of adhesion where there is already a prepared form containing the stipulations of the employment contract and the employees merely take it or leave it. Probationary Period, as a general rule, should not exceed six (6) months from the date the employee started working.

COMPUTATION OF THE SIXTH (6) MONTH PROBATIONARY PERIOD. Cals Poultry Supply Corp v. Roco, G.R No. 150660; The Probation was from May 16, 1995 to November 15, 1995 ; 180th day was November 11, 1995. But the Court ruled that November 15, 1995 (184th day) was still within the 6-month period because the computation of the 6-month probationary period is reckoned from the date of appointment up to the same calendar date of the 6th month following.

APPLICATION OF THE ART. 13 OF THE NEW CIVIL CODE IN THE COMPUTATION OF SIXTH MONTH PROBATIONARY PERIOD.
Mitsubishi Motors Phil. Corp. v. Chrysler Phils. Labor Union, G.R No. 148738, June 29, 2004 The Court explained that the probationary period of sixth months mean 180 days. In conformity with Art. 13 of the Civil Code which provides that a month undesignated by name is understood to consist of 30 days. Hence, the formula for 6 months probation is 30 days times 6 months equals 180 days.

Using this formula in this case, the probation started on May 27, 1996 ended in November 23, 1996, the 180th day. Thus, when the employer served the termination letter dated November 25, 1996 on the employer at 3:00 AM. On Novermber 26, 1996 the employee was, according to the Court, already REGULAR.

EXTENSION OF PROBATIONARY PERIOD RELAXED BY THE SUPREME COURT

Extension of probationary period

In Mariwasa Manufacturing, Inc. vs. Leogardo G.R No. 74246, January 26, 1989, the Supreme Court stated that the extension of the probationary period was ex gratia, an act of liberality on the part of the employer affording the employee a second chance to make good after having initially failed to prove his worth as an employee. Such an act cannot unjustly be turned against said employers account to compel it to keep on its payroll one who could not perform according to its work standards. By voluntarily agreeing to an extension of the probationary period, the employee in effect waived any benefit attaching to the completion of said period if he still failed to make the grade during the period of extension.