Notes on probationary employment

“A probationary employee or probationer is one who is on trial for an employer, during which the latter determines whether or not the former is qualified for permanent employment. […] Indeed, the employer has the right, or is at liberty, to choose who will be hired and who will be declined. As a component of this right to select his employees, the employer may set or fix a probationary period within which the latter may test and observe the conduct of the former before hiring him permanently.” (De La Salle Araneta University Inc. vs Magdurulang, 845 SCRA 274, 285 [2017])

While the law allows employers to require its new hires to undergo a probationary or trial employment period, the law does so subject to strictly enforced limitations.