6 months vs 180 days on Probationary Period to be stated in

Employment Contract

ART. 281 – Labor Code

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.

From above, it is clear “when” probatonary period starts, but as to when this period
ends, this is where a few confusion lies:

 One interpretation believed the 6th month employment anniversary as the last day
of probationary employment.
 Another interpretation is 180 days.

Discussion under the Civil Code, Executive Order 292 and Jurisprudence

Article 13 of the Civil Code and EO 292 (Revised Admin. Code of 1987) Sec. 31

Art. 13–When the laws speak of years, months, days or nights, it shall be understood that
years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-
four hours; and nights from sunset to sunrise. If months are designated by their name,
they shall be computed by the number of days which they respectively have. In computing
a period, the first day shall be excluded, and the last day included.

But this was repealed by Sec. 31 of EO 292. The “year” is now defined as 12 months,
rather than 365 days.

“Year” shall be understood to be twelve calendar months; “month” of thirty days, unless
it refers to a specific calendar month in which case it shall be computed according to the
number of days the specific month contains; “day,” to a day of twenty-four hours; and
“night,” from sunset to sunrise

Mitsubishi Motors Phils. Corp. vs. Chrysler Phil. Labor Union et. al., G.R. No. 148738,
June 29, 2004.

Employee was under proby employment w/c started on May 27, 1996. He was terminated
on Nov. 26, 1996. Employee claimed he was illegally dismissed bec. it was served on his
183rd day of employment, or three days after the end of his probationary period of six
months.SC ruled that the probationary period of months is equal to 180 days. In
computing a period, the first day shall be excluded and the last day included. With that,
the SC concluded that the 180 days started on May 27, 1996 and ended on Nov. 23, 1996.
And employee was already a regular employee at the time of his dismissal.

*Since this appears to be the latest jurisprudence, this can serve as our guide, but not
necessarily to apply.

In consideration of the above, it will be prudent to use 180-day interpretation of

probationary period just to be safe.