Department of Labor and Employment(DOLE)

September 5, 2022 Dear Resurrecion Bareto, Thank you for your request dated Sep 04, 2022 05:54:03 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Regularization. May we refer you to “Article 296. Probationary employment. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.” Thus, as a general rule, the maximum length of probationary employment shall be six (6) months, and is counted from the date an employee started working. When the employment is not terminated after the six-month probationary period, it shall then be considered regular employment. However, there is still a need to ascertain which type of employment do you belong as: 1. Regular or Permanent Employment 2. Term or Fixed Employment 3. Project Employment 4. Seasonal Employment 5. Casual Employment The contract executed by you and by the company should stipulate, what type of employment you have based on agreements. May we advise you also to raise the issue with the company’s grievance machinery (if available). If none, or the issue remains unresolved, the DOLE having jurisdiction to the case may perform conciliation and mediation. If the grievance remains unresolved after conciliation and mediation, it shall be referred to the appropriate branch of National Labor Relations Commission (NLRC). Thank you. Respectfully, Mark Valeros FOI Receiving Officer