A probationary period is a testing phase.
It’s how you figure out if someone is right for the role before they become a permanent part of your team.
In the Philippines, this isn’t just a nice-to-have trial run. It’s a legally defined employment status with specific rules.
The maximum duration is six months. That’s 180 calendar days from the day they start working.
If someone keeps working past that 180-day mark without you formally ending the arrangement, something automatic happens. They become a “regular” employee under Philippine law.
This happens whether you meant it to or not.
Why this matters for remote employers
Most foreign business owners hiring Filipino remote workers don’t realize they’re dealing with Philippine labor law.
But if you’re hiring through a local entity or an Employer of Record (EOR), you are.
The probation period isn’t mandatory. You could skip it entirely.
But almost nobody does.
Why? Because it gives you a structured way to assess someone before committing long-term. And it gives the worker clear expectations about what they need to demonstrate.
For remote roles especially, you need documented standards and regular check-ins to make probation work.
How long should probation actually be
Some platforms and agencies default to 90 days. Others allow up to 180 days depending on role complexity.
Here’s a practical way to think about it:
For straightforward roles like data entry or basic admin support, 90 days is often enough.
You’ll know pretty quickly if someone can handle the work.
For more complex positions that require training or specialized skills, use the full 180 days.
Senior roles, technical positions, or anything with a steep learning curve benefits from the longer window.
Just never go over six months. That’s the hard legal limit.
What you’re required to do during probation
For probation to be valid, you need three things in writing:
Tell them the engagement is probationary
Specify how long it lasts
Communicate the standards they must meet to become regular
That last one is where most employers mess up.
“Good performance” isn’t a standard. “Cultural fit” isn’t a standard.
You need specific, measurable criteria. Output quotas, response times, quality scores, attendance expectations, whatever matters for the role.
For remote workers, this means being extra clear about time zone expectations, meeting KPI requirements and communication response times.
What happens if you need to end probation early
You can terminate someone during probation for just cause or for failing to meet your communicated standards.
But you still need to follow due process.
That means a written notice explaining which standards weren’t met. An opportunity for them to respond. Then a final notice with the effective date.
You don’t have to pay separation pay for a valid probationary dismissal. But you do have to release final pay within 30 days – wages, accrued leave, and pro-rated 13th-month pay.
The notice period during probation is shorter than for regular employees. Minimum seven days instead of 30.
But all of this only works if you documented the standards clearly at the start and can show evidence they weren’t met.
The mistakes that will bite you
Here are the traps employers fall into:
Not putting probationary status in the contract. Or putting it in but not specifying the standards.
Not doing any performance reviews until the very end.
Forgetting to act before day 180. The worker keeps showing up, you keep paying them, and suddenly they’re regular whether you planned it or not.
Casually extending probation via Slack or email without a clear legal basis. This gets challenged later and you lose.
For remote employers specifically, there’s another mistake: relying on subjective things like “they don’t seem engaged on Zoom” without tying it to written performance metrics.
That feels arbitrary to workers. And it’s harder to defend if challenged.
How to actually run probation for remote hires
Treat it like a structured project with milestones.
Day 1: Give them the contract with probation terms, duration, and specific performance standards. Have an onboarding call where you walk through exactly what regularization requires.
Month 1-2: Check in regularly but informally. See how they’re adapting. Flag any early concerns.
Month 3 (for 6-month probation): Formal mid-point review. Sit down (or get on a call) and tell them exactly where they stand. What’s going well, what needs improvement, whether they’re on track for regularization.
If there are issues, create a simple improvement plan. Written. With specific actions and a timeline.
Month 5: Final decision point. If you’re regularizing them, tell them. If not, start the termination process with proper notice.
Before Day 180: Everything wrapped up. Either they’re regular or they’re gone.
Don’t let someone drift past the six-month mark because you were busy or forgot to decide.
Why this actually helps both sides
A well-run probationary period protects you and the worker.
You get time to assess fit without a massive long-term commitment.
They get clear expectations and a fair shot at becoming permanent.
When it goes wrong, it’s almost always because someone skipped the documentation, avoided difficult conversations, or just forgot about the deadline.
The six-month limit exists for a reason. It prevents employers from keeping workers in permanent limbo.
Use the time well. Be clear about what you need. Give feedback. Make a decision.
That’s how you build a remote team that actually sticks around.
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