Proby period is set at 180 days, misplaced extension or inaction during this period can lead to employees being regularized by default.
Hi, I am a BPO employee. I was hired on the 20th of July 2020 but my probationary status was extended to the last 18th of December. With the documentation, it says that my extension is until the 17th of March but until now there are no updates yet.
Given that it’s already past the probationary period stated on the extension that I signed, should I be regularized by default?
Looking forward to your response. Thank you!
– Kathy
Hi Kathy,
The maximum probationary employment is 180 days or the equivalent of 6 month period computed based on sec. 31 of Executive Order 292 and the Supreme Court ruling on Mitsubishi Motors Phils. Corp. vs. Chrysler Phil. Labor Union (G.R. No. 148738, June 29, 2004). Though an extension of the probationary period is allowed in isolated cases per G.R. No 74246 (26 January 1989, Mariwasa Manufacturing, Inc. vs. Leogardo), the request for the extension of the proby period is ideally initiated by the employee, and not the employer.
Now to answer your question, were you regularized by default? In my opinion, yes, as long as you have worked regularly or the operation of the company is uninterrupted during your proby period despite the pandemic. Otherwise, DOLE Labor Advisory 14-A s.2020 may apply. You don’t need to do anything to affirm your regular status, but if you have the guts to do this, then send an email to your HR and boss, to thank them for your regularization. If they would deny your regularization, you can seek help from regulatory bodies.
Please note that I can only give advice based on the information you provided, and if I misunderstood the context of your situation, my advice can be erroneous.
