HR Series: For probationary employees, are you counting the correct 6 months deadline?

The Philippine Law said that companies have 6 months to gauge the capability of a probationary staff before the decision is made to regularize that staff.

Companies erroneously count 6 months from the day they start. Hence, for example, if the person started on March 29, the HR person might say that he/she must have the conversation with the said staff by September 28, 6 months later.


The correct count is 180 days, so the HR should have a talk on September 25, 3 days earlier. If the HR only has a conversation on September 25, that person he/she is talking to is now considered a regular employee of the company.


This is not a problem if the staff does not complain. However, if you choose to end their probationary contract for valid reasons on September 28 and the staff complains to DOLE that he/she is now a regular employee and enjoys some security of tenure, DOLE will side with the staff.

So know your rights. Compute the correct 6 months.

I use this using the convenient Business Day Calculator site.


Use the correct day count.

It will save you a lot of problems in the long run.

Have a good week ahead!

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