Probationary Employment: Non-Inclusion of ECQ Period in Computing the Six-Month Period (Labor Advisory Nos. 14 & 14-A)

[A probationary employee becomes a regular employee if allowed to work after the standard probationary period of six (6) months. The Department of Labor and Employment (DOLE) clarified that the one-month Enhanced Community Quarantine (ECQ) is not to be included in computing the 6-month period (but note the ECQ extension until 15 May 2020). This is contained in Labor Advisory No. 14, which appears to cover all probationary employees, but it has to be reconciled with the fact that some probationary employees actually worked during the ECQ, either through telecommuting or when their employers perform essential services (see separate discussion). The full text of Labor Advisory No. 14 and Labor Advisory No. 14-A is reproduced below.]

One-Month Extension of Probationary Period during Community Quarantine

LABOR ADVISORY NO. 14

Series of 2020

CLARIFICATION ON THE NON-INCLUSION OF THE ONE-MONTH ENHANCED COMMUNITY QUARANTINE PERIOD ON THE SIX-MONTH PROBATIONARY PERIOD

Pursuant to Articles 5 and 296 of the Labor Code of the Philippines, as renumbered and its Implementing Rules and Regulations, this Advisory is hereby issued for the guidance of all concerned:

II. COVERAGE

This Advisory shall apply to all employers in the private sector who are required under Article 296 of the Labor Code, as renumbered, to comply with the probationary employment period not to exceed six (6) months from the date the employee started working. 

II. NON-INCLUSION OF THE ONE-MONTH ENHANCED COMMUNITY QUARANTINE (ECQ) PERIOD

For purposes of determining the six-month probationary period, the one-month ECQ period is not included thereof.

III. MONITORING AND ENFORCEMENT

The nearest DOLE Regional/Provincial/Field Office which has jurisdiction over the workplace, shall monitor the implementation of this issuance. 

Be guided accordingly.

SILVESTRE H. BELLO III, Secretary

30 March 2020


LABOR ADVISORY NO. 14-A

Series of 2020

SUPPLEMENTAL GUIDELINES ON THE NON-INCLUSION OF THE COMMUNITY QUARANTINE PERIOD IN THE SIX-MONTH PROBATIONARY PERIOD

Pursuant to Labor Advisory No. 14, Series of 2020, and in relation to the extension of the community quarantine period, this supplemental Guidelines is hereby issued for the guidance of all concerned.

For purposes of the six-month probationary period, the period during which the enhanced or general community quarantine is enforced where the establishment has temporarily ceased or closed operations and/or the worker was temporarily not required to report for work on account thereof, is not included in the six-month probationary period as required under Article 296 of the Labor Code, as renumbered. 

Be guided accordingly. 

9 May 2020. 

SILVESTRE H. BELLO III, Secretary

Atty.Fred

22 thoughts on “Probationary Employment: Non-Inclusion of ECQ Period in Computing the Six-Month Period (Labor Advisory Nos. 14 & 14-A)

  1. Lyda

    Can an employer extend the probationary period even if the employee is working during ECQ because of a work from home arrangement?

    Reply
    1. pnl

      Hi Lyda/Lan, that is exactly the point in the explanatory paragraph of the post. There appears to be doubt as to the applicability of the advisory to probationary employees who are actually working during the ECQ period. According to the law, doubts are resolved in favor of the worker. Good luck.

    2. gray

      Dear Sir,

      just to clarify, does the exclusion of the ECQ period will cover also employees who worked since March 17 and formed part of the skeletal force? thank you.

    3. pnl

      Hi Gray. As previously mentioned, there appears to be lots of issues surrounding this Advisory. We will be writing a separate post on it. Please drop by again. Good luck!

  2. JM

    after ECQ is GCQ, is it possible for the company to end the probationary period of the employee during gcq? Please barely need your answer thanks.

    Reply
    1. Cha

      Dear Sir,

      As you may know ECQ has been extended for more than a month..and may continue to be extended. Will the probationary extension period also follow?

      Thank you for your reply.

  3. Mariniel Natividad

    Hi Question. Regarding sa Probationary and one month ECQ.

    Nov. 18,2019 na hired po ako.
    Sa May 18 2020 yung pang 6 months ko.
    Pero yesterday tinawagan ako ng company at sinabing end of contract na ako. . Hindi ba po meron pang one month extension.
    Diba dapat june pa nila tinapos kontrata ko.

    Reply
    1. pnl

      Hi Mariniel. Masalimuot ang suspension ng probationary period. Susulat kami ng hiwalay na post tungko dito. Good luck.

  4. Nea

    Hi Attorney,
    Question po on the implementation of Labor Advisory #14 and #14-A.
    Here’s my question, what will be the treatment to a proby employee under work from home set up but with a flexible work arrangement (WFA) at half day from Monday thru Friday? Is it still necessary to extend the probationary period even if the employee is working during ECQ? If so, how we will compute for the correct regularization date given that a proby employee only rendered/rendering a half day from Monday thru Friday?
    Would appreciate receiving feedback from your office soonest. Thank you.

    Reply
  5. Danver M Ignacio

    Ive been terminated during ecq started being probitinary employee oct 30 2020 but before i become a probi im a agency employee of there company from sept 04 2014-oct 29 2020 they ask me to resign to my agency and be a probitionary employee but aprill 22 2020 i recieve an email that my probitionary has been terminated due to evalutaion reason but ive been in the company for years working with the same position from agency to probitionary employee im a mold maintenace in charge and addition to my job discription im also a parameter setter and mold setter how is that they said that im not qualiffied
    1) is the company has a liabilty because they are the one who pushes the resignation to my agency
    2) is the company liable for not giving advance notice for my termination
    3) is the company liable for not giving me the evaluation form and they also did not gave me my employment contract

    Reply
  6. maila cabiles

    Hi Sir,

    Since the ECQ is extended, do you have an updated post or legal advice that Non-inclusion of probationary period is extended as well for another 1 month? I don’t see any advice that it is extended.

    Thank you.

    Reply
  7. Terence Mark Garcia

    Sir, if the company pays for the time of the ECQ do we still have to extend their contract?

    employee was not able to work for 2 months and the company paid his 1 month salary, can we extend the contract to just 30 days?

    Thanks.

    Reply
  8. Reigner

    Good afternoon Sir,

    I have a concern about this Labor Advisory. If I was only allowed to work in the company for a total of 57 days(including 2weeks training) and they terminated me because they said that I did not meet the requirements they needed. I started in the company on Feb 4 as a probationary employee them come March 17 to May 3 our work was suspended. We then resumed on May 4 and I was served termination of employment June 16 because I dis not meet their requirements.

    Reply
  9. James

    Magandang gabi po ako po si james dela cruz may concern lng po ako sana mabigyan nyo po ako ng kasagutan tungkol po ito sa aking probarionary lumagda po ako ng kontrata ng 6 na buwan noong june 1 2020 at magtatapos po ng december 1 2020 ipinaalam ko po sa HR namin ng tapos ng ang 6months ko at wala po ito tugon sa akin at sabi ng visor nmin ay pumasok lang daw ako hangang wala pang balita galing sa HR subalit nitong january 16 ay pinapirma po nila ako ng hanggang january 30 nalang daw po ang pasok ko at hindi ako nakapasa sa probationary nila ang dahilan po ay ang aking absent at late. . N my mga kaukulang dokumento nman po kapag ako ay lumiliban sa trabaho. Lagpas n po ng 6months tska nila ako tinanggal tama po ba yun o pwd my karapatan akong mgreklamo maraming salmat po

    James dela cruz

    Reply

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