Dear Atty. Kathy,

We are currently reviewing our Employee Handbook and need to clarify the period of probationary employment. According to Article 296 of the Labor Code, probationary employment shall not exceed 6 months from the date the employee started working. However, the HR consultant brought to our attention that the period of probationary employment cannot exceed 180 calendar days. What should we follow?

Sasha

q q q

Dear Sasha,

Article 13 of the Civil Code provides that months not designated by their names shall be understood as consisting of 30 days each. Thus, the probationary period of six months consists of 180 days. (MITSUBISHI MOTORS PHILIPPINES CORPORATION vs. CHRYSLER PHILIPPINES LABOR UNION, et al., G.R. No. 148738, 29 June 2004)

There are other cases which state that the counting should be calendar months. However, the legal basis for the counting in calendar months is not clear.

Therefore, we are of the opinion that the 180 calendar days for probationary employment should be followed since it is based on a provision of law, the Civil Code.

Atty. Kathy Larios