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Basic knowledge or common sense need not be stated in the standard of

probationary employment
Probationary:
o Employer: to give ample time to determine of employee is capable of
employment
o Employee: to give time to prove himself of the employment
If company provides for specific standard. It must be followed
Probationary status is not mandatory. An employee can be regularized even
on his first day.
Probationary discretion upon the employer.
Regular employment: if the activity still exists (as to a prior casual employee)
Absence of employment contract doesnt necessarily mean that employee is
regular employee.
If there is no renewal of contract of a project employee is an indication of
regular employment.

A project or work pool employee, who has been: (1) continuously, as opposed to
intermittently, rehired by the same employer for the same tasks or nature of tasks;
and (2) those tasks are vital, necessary and indispensable to the usual business or
trade of the employer, must be deemed a regular employee.

Duration and scope of employment is predetermined at the time of the hiring.


Desirability is not an issue in project employment.
NOTE: PLDT and San Miguel case.
o Your services are only required if there is a specific need.
o PLDT although necessary and important, still connected with
employment.
Indication of project employment: giving of bonus (but not conclusive)
SEASONAL: seasonal in nature.
If you are a seasonal employee, you may still be a regular employee
If seasonal employee considered as regular employee, you may claim for
reinstatement or payment of separation pay
Fixed term: An employee who can demand (necessary and desirable)
o there is a fixed term voluntarily agreed upon by the parties.
o both parties agreed to such equal term.
TERM: fixed: day certain
When is it illegal: If two requisites are not followed and it is for employer to
circumvent the law.

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