{"id":4012,"date":"2020-04-06T01:05:36","date_gmt":"2020-04-05T17:05:36","guid":{"rendered":"https:\/\/pnl-law.com\/blog\/?p=4012"},"modified":"2020-06-10T13:24:14","modified_gmt":"2020-06-10T05:24:14","slug":"probationary-employment-non-inclusion-of-ecq-period-in-computing-the-six-month-period","status":"publish","type":"post","link":"https:\/\/pnl-law.com\/blog\/probationary-employment-non-inclusion-of-ecq-period-in-computing-the-six-month-period\/","title":{"rendered":"Probationary Employment: Non-Inclusion of ECQ Period in Computing the Six-Month Period (Labor Advisory Nos. 14 & 14-A)"},"content":{"rendered":"\n

[A probationary employee<\/a> 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<\/a> (ECQ) is not to be included in computing the 6-month period (but note the ECQ extension until 15 May 2020<\/a>). This is contained in Labor Advisory No. 14<\/em>, which appears to cover all probationary employees<\/a>, but it has to be reconciled with the fact that some probationary employees actually worked during the ECQ, either through telecommuting<\/a> or when their employers perform essential services (see separate discussion<\/a>). The full text of Labor Advisory No. 14<\/em> and Labor Advisory No. 14-A<\/em> is reproduced below.]<\/p>\n\n\n\n\n\n\n\n

\"One-Month<\/figure><\/div>\n\n\n\n
\n\n\n\n

LABOR ADVISORY NO. 14 <\/h2>\n\n\n\n

Series of 2020<\/h5>\n\n\n\n

CLARIFICATION ON THE NON-INCLUSION OF THE ONE-MONTH ENHANCED COMMUNITY QUARANTINE PERIOD ON THE SIX-MONTH PROBATIONARY PERIOD<\/h4>\n\n\n\n

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:<\/p>\n\n\n\n

II. COVERAGE<\/strong><\/p>\n\n\n\n

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. <\/p>\n\n\n\n

II. NON-INCLUSION OF THE ONE-MONTH ENHANCED COMMUNITY QUARANTINE (ECQ) PERIOD<\/strong><\/p>\n\n\n\n

For purposes of determining the six-month probationary period, the one-month ECQ period is not included thereof.<\/p>\n\n\n\n

III. MONITORING AND ENFORCEMENT<\/strong><\/p>\n\n\n\n

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

Be guided accordingly.<\/p>\n\n\n\n

SILVESTRE H. BELLO III, Secretary<\/p>\n\n\n\n

30 March 2020<\/p>\n\n\n\n

\n\n\n\n

LABOR ADVISORY NO. 14-A<\/h2>\n\n\n\n

Series of 2020<\/h5>\n\n\n\n

SUPPLEMENTAL GUIDELINES ON THE NON-INCLUSION OF THE COMMUNITY QUARANTINE PERIOD IN THE SIX-MONTH PROBATIONARY PERIOD<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

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. <\/p>\n\n\n\n

Be guided accordingly. <\/p>\n\n\n\n

9 May 2020. <\/p>\n\n\n\n

SILVESTRE H. BELLO III, Secretary<\/p>\n","protected":false},"excerpt":{"rendered":"

[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 […]<\/p>\n","protected":false},"author":2,"featured_media":7841,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[371],"tags":[811,812,280,821,1728,1729,393,976,84],"class_list":["post-4012","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-hr-and-labor","tag-coronavirus-disease-2019","tag-covid-19","tag-department-of-labor-and-employment","tag-enhanced-community-quarantine","tag-labor-advisory-no-14","tag-labor-advisory-no-14-a","tag-probationary-employee","tag-probationary-employment","tag-work"],"_links":{"self":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts\/4012","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/comments?post=4012"}],"version-history":[{"count":11,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts\/4012\/revisions"}],"predecessor-version":[{"id":8212,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts\/4012\/revisions\/8212"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/media\/7841"}],"wp:attachment":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/media?parent=4012"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/categories?post=4012"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/tags?post=4012"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}