From the current six months, a lawmaker wants to extend the maximum period of probationary employment period to two years.

Probinsyano Ako party-list Representative Jose “Bonito” Singson Jr. filed House Bill 4802 that seeks to “avoid the automatic regularization” of employees after they reach six months at work.

The six-month probationary employment period prescribed under the Labor Code, according to Singson, “is not sufficient a period in order for the employer to determine if the probationary employee is qualified for regular employment, especially in positions which require specialized skills and talents “

“Because of the maximum six-month period prescribed by law, employers are inclined to terminate the probationary employees before the expiration of the six-month period, rather than risk oppression by being stuck with a substandard employee,” he said.

Article 281 the Labor Code states: “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…An employee who is allowed to work after a probationary period shall be considered a regular employee.”

Singson said extending the probationary employment period will allow employees to prove their value to the employer, especially their skills, talents and other qualifications needed for them to be regularized.

“Probationary employees will have a better chance to improve their performance, meet their targets, and learn new skills that will allow them to meet the required standards set by the employer,” he added.

“Furthermore, this measure will also provide an opportunity for the probationary employees to have continuous employment for more than six months, which will enable them to qualify for some of the mandatory benefits under existing laws.”

The bill is currently pending before the House of Representatives’ Committee on Labor and Employment.

Proposed measure denounced

Elmer Forro, secretary general of militant group Bayan Panay, said the bill “anti-worker, violates our workers’ right to security of tenure and will strengthen the contractualization scheme.”

“[It] will only pressed our workers deeper into poverty and further violation of their rights. They are already suffering from low and meager wages. With this bill, employers can continue to exploit the labor of our workers without paying them proper wages and giving them benefits.”

The bill will only benefit employers, Forro stressed.

“Employers have long circumvented the law and has the backing of [President Rodrigo] Duterte in continuing the contractualization at the expense of the workers,” he said.

“Duterte has already vetoed the Security of Tenure Bill and with this new bill, it is only a matter of time for it to be passed if the workers will not unite to oppose it,” he added.IMT