How to fill in this employment contract
- 1Company name
e.g. Bayanihan Logistics and Trading Corp. - 2Company address
e.g. Unit 501, Cityland Pioneer, 128 Pioneer St., Mandaluyong City 1550 - 3Company phone, email and TIN
e.g. (02) 8631 4402 · hr@bayanihanlogistics.ph · TIN 009-271-554-00000 - 4Date signed
e.g. November 12, 2026 - 5Place signed
e.g. Mandaluyong City - 6Representative's position
e.g. President
The standards must be made known on day one
Under Article 296 of the Labor Code, a probationary employee can be let go for failing to qualify only if the reasonable standards for regularization were made known at the time of hiring. Write them into Article 3 — measurable where you can (quotas, error rates, attendance) — and have the employee sign. If no standards were made known, the law treats the employee as regular from the start.
Six months, then a decision
Probation may not run past six months. Evaluate before it ends: regularize, or give written notice that the employee did not meet the standards. An employee allowed to work after the probation period becomes regular by law.
Before the first day
Settle these with the employee and write them in before anyone signs.
- The exact position title and the duties — attach a job description as an annex if it is long.
- The work schedule and rest day, and where the work is done.
- The monthly pay, the paydays, and any allowances that are part of the pay.
- Who the employee reports to.
Signing
Print two originals. The employer's authorized officer and the employee sign the last page in full and every other page at the margin, before two witnesses. Each side keeps one original. Register the employee with SSS, PhilHealth and Pag-IBIG within the first month.
Questions people ask
Can probation be extended past six months?
As a rule, no. Article 296 caps probation at six months, and an employee who keeps working after it is regular. Courts have allowed a short extension only when the employee freely agreed to it in writing to get a second chance — it is the exception, not a tool.
Does an employment contract need to be notarized?
No. A contract signed by the employer and the employee binds both of them. Two witnesses are good practice. Give the employee a signed copy — DOLE inspectors and the NLRC both ask for it.
What benefits must every contract respect?
Pay at least the regional minimum wage, 13th month pay by December 24, five days of service incentive leave after one year, overtime, night-shift and holiday pay where they apply, and SSS, PhilHealth and Pag-IBIG coverage from the first day. A contract cannot waive any of these.
Can the employee resign before the contract ends?
Yes, by giving at least thirty days' written notice under Article 300 of the Labor Code, or without notice for the just causes that article lists. The contract repeats this so both sides know it.
Is this legal advice?
No. It is a common Philippine format for a straightforward hire. For managers with stock options, non-compete terms, overseas work or a union shop, have a lawyer or an HR practitioner review it.
This page explains common practice and is not legal advice. Offices set their own rules — when in doubt, call ahead or ask your notary or lawyer.