Quick answer
When do you become a regular employee?
Maximum probation
6 months
From the day you start working (Art. 296)
Same-date count
Mar 1 → Sep 1
Used by the Supreme Court in 2021
180-day count
Mar 1 → Aug 28
Used in Mitsubishi Motors (2004)
Probation can't go beyond 6 months from the day you started working. If you're still allowed to work after that, you become a regular employee by law. For a 6-month probation starting on the 1st of each month in 2027:
| Started on | Probation ends (same date) | 180th day | Regular from |
|---|---|---|---|
| Jan 1, 2027 | Jul 1, 2027 | Jun 30, 2027 | Jul 2, 2027 |
| Feb 1, 2027 | Aug 1, 2027 | Jul 31, 2027 | Aug 2, 2027 |
| Mar 1, 2027 | Sep 1, 2027 | Aug 28, 2027 | Sep 2, 2027 |
| Apr 1, 2027 | Oct 1, 2027 | Sep 28, 2027 | Oct 2, 2027 |
| May 1, 2027 | Nov 1, 2027 | Oct 28, 2027 | Nov 2, 2027 |
| Jun 1, 2027 | Dec 1, 2027 | Nov 28, 2027 | Dec 2, 2027 |
| Jul 1, 2027 | Jan 1, 2028 | Dec 28, 2027 | Jan 2, 2028 |
| Aug 1, 2027 | Feb 1, 2028 | Jan 28, 2028 | Feb 2, 2028 |
| Sep 1, 2027 | Mar 1, 2028 | Feb 28, 2028 | Mar 2, 2028 |
| Oct 1, 2027 | Apr 1, 2028 | Mar 29, 2028 | Apr 2, 2028 |
| Nov 1, 2027 | May 1, 2028 | Apr 29, 2028 | May 2, 2028 |
| Dec 1, 2027 | Jun 1, 2028 | May 29, 2028 | Jun 2, 2028 |
"Six months" sounds simple until you count it
You started on March 1. Your contract says six months probation. So you're regular on September 1, right? Maybe. Your HR might say your probation ended on August 28, because they count 180 days. A few days doesn't sound like much, but it matters a lot if your evaluation is scheduled near the end, or if your employer lets you go in that window.
The Supreme Court has counted the six months in two ways over the years. This calculator shows both, tells you which one the Court used most recently, and gives you the date after which you're regular no matter which count is used.
How to use the calculator
Step 1
Enter your first day of work
Use the day you actually started working. Article 296 counts from "the date the employee started working", not from the contract signing or your orientation invite.
Step 2
Choose your probation period
Keep 6 months unless your contract says shorter. If your company set 3 months and keeps you after that, you can become regular sooner.
Step 3
Read both dates
The big date is the same-date count. The table below it shows the 180-day count and the first day you're regular under either one. The timeline shows where today falls.
The two ways to count six months
Same calendar date. Probation runs from your start date to the same date six months later. Start on March 1, and probation ends on September 1. The Supreme Court used this in Cebu Royal Plant (1987), CALS Poultry Supply v. Roco (2002), Alcira v. NLRC (2004), and again in Jaso v. Metrobank in 2021. In Jaso, an employee hired on July 16, 2012 was still on probation up to January 16, 2013.
180 days. Article 13 of the Civil Code says a month that isn't named is 30 days, and when counting a period, the first day is excluded and the last day included. So six months is 180 days. The Court used this in Mitsubishi Motors v. Chrysler Philippines Labor Union (2004): an employee who started on May 27, 1996 finished his 180 days on November 23, 1996. He was let go on his 183rd day, after probation had ended, so he was already regular.
Start: March 1, 2026
Same date, 6 months later: September 1, 2026
180 days after March 1: August 28, 2026
Regular under either count: from September 2, 2026
The gap depends on the months in between. A probation that runs through February is shorter in days, so the two counts can be 1 to 4 days apart. Since the latest ruling uses the same-date count, the calculator shows that one first. Both employers and employees are safer knowing both.
What makes you regular, and what doesn't
- Working past the end. Article 296 says an employee allowed to work after the probationary period is considered regular. No letter or evaluation is needed for that.
- Standards made known at hiring. Your employer must tell you the standards for becoming regular when you're engaged. If they didn't, the law treats you as regular from day one.
- A shorter probation. If your contract sets 3 months and you're kept on after that, you can become regular before six months. Choose your contract's length in the calculator.
- No second probation. Probation can't be extended past six months or restarted for the same job, except in rare cases the employee agrees to, like an extra chance to pass after failing.
Absences, holidays and weekends don't pause the count. Every calendar day counts. Probation also doesn't mean you can be let go anytime. During probation, you can only be dismissed for a just or authorized cause, or for failing to meet the standards you were told about, with written notice.
When the six-month rule is different
Apprentices can have a longer period if their apprenticeship agreement says so. Private school teachers follow a different rule: their probation usually runs for three school years under the education department's rules. Project, seasonal and fixed-term workers aren't on probation in the same way, because their work ends with the project, season or term.
If you're an OJT student, your hours don't count as employment. Use the OJT Hours Calculator for your required hours instead.
Before your evaluation
- Check your contract for the probation length and the standards you'll be judged on.
- Ask HR which count they use, and when your final evaluation is scheduled.
- Keep copies of your contract, your evaluations and any notice you receive.
- Note the day after the later count. If you're still working then, you're regular.
If you think you were let go after your probation had already ended, you can bring it to the DOLE office or the NLRC that covers your workplace.
Questions about regularization
How long is probation in the Philippines?
Up to 6 months from the day you started working, under Article 296 of the Labor Code. Your company can set a shorter period, but not a longer one, except for apprentices with a longer apprenticeship agreement.
Is six months probation 180 days?
It depends on the ruling. In Mitsubishi Motors (2004), the Supreme Court counted 180 days. In Jaso v. Metrobank (2021), it counted to the same calendar date six months later. The two can be 1 to 4 days apart.
If I started on March 1, when am I regular?
Probation ends on September 1 by the same-date count, or August 28 by the 180-day count. If you are still working on September 2, you are regular under either count.
Do I need a regularization letter to become regular?
No. Under Article 296, an employee allowed to work after the probationary period is considered regular by law, with or without a letter or a final evaluation.
Can my employer extend my probation?
Generally no. Probation cannot go past six months or start over for the same job. The Court has allowed an extension only in rare cases where the employee agreed to it to get another chance to pass.
Do absences and holidays extend probation?
No. The period counts calendar days from the day you started working, including weekends, holidays and days you were absent.
Can I be dismissed while on probation?
Only for a just or authorized cause, or for failing to meet reasonable standards your employer told you about when you were hired, with written notice. Probationary employees have security of tenure during the probation.
What if I was never told the standards for regularization?
Then you are treated as a regular employee from the start. The employer has to make the standards known at the time you are engaged.
Related calculators
- Final Pay Calculator
What you're owed if your employment ends.
- 13th Month Pay Calculator
Probationary employees get 13th month pay too.
- DTR Calculator
Check your hours, late and undertime while on probation.
- Weekdays Calculator
Count the workdays between two dates.
Sources
- Labor Code of the Philippines, Article 296 (formerly 281): probationary employment
- Civil Code of the Philippines, Article 13: months of 30 days; first day excluded, last day included
- Mitsubishi Motors Phils. Corp. v. Chrysler Phils. Labor Union, G.R. No. 148738, June 29, 2004
- CALS Poultry Supply Corp. v. Roco, G.R. No. 150660, July 30, 2002; Alcira v. NLRC, G.R. No. 149859, June 9, 2004
- Jaso v. Metrobank & Trust Co., G.R. No. 235794, May 12, 2021