DADAT, Louie Marie M.

DURATION

2C
HOW
REGULARIZED

GUIDELINES FOR
VALIDITY

PROBATIONARY
EMPLOYMENT GR: shall not
when employee is the employer shall
(Art. 281, Labor
exceed six (6)
allowed to work
make known to the
Code)
months from the
after a
employee the
date the employee
probationary
standards under
started working
period;
which he will
qualify as a regular
XPN:
has been engaged
employee at the
apprenticeship
time of his
to perform
engagement;
stipulating for a
activities, which

longer period;
are usually
extension of
necessary or
when the employer
desirable in the
probationary period

usual business or
must be agreed
and the employee
trade of the
upon by the
mutually agree on
employer;
employee;
a shorter or longer
period;
has rendered at
extensions of
when the nature of
least one (1) year
periods must not
of service, whether
exceed six (6)
work to be
such service is
months
performed by the
continuous or
employee requires
broken, with
a longer period.
respect to the

activity in which he
is employed.

29 April 2016
GROUNDS FOR
TERMINATION

OTHER POINTS
TO REMEMBER

voluntary
protected by
resignation by
security of tenure
serving a written
for that six (6)
notice to the
months as a
employer at least
probationary
one (1) month prior
employee;
to the intended
date of resignation; end of six (6)
months not
just causes;
necessarily
termination BUT
fails to qualify as a
expiration of 6month contract;
regular employee
in accordance with
probationary
reasonable
standards made
employee may be
known by the
dismissed for
employer to the
cause at any time
employee at the
before the
time of his
expiration of six
engagement;
months after
hiring;
authorized by
this power must be
existing laws.
exercised in
accordance with
the specific
requirements of
the contract;
the dissatisfaction
on the part of the
employer must be
real and in good
faith, not feigned
so as to
circumvent the
contract or the
law;
there must be no
unlawful
discrimination in
the dismissal.

GUIDE CASES

Robinsons Galleria
v Ranchez (2011);
Dusit Hotel Nikko v
Gatbonton (2006);
Mariwasa v
Leogardo (1989);
Carvajal vs Luzon
Development
Bank (2012).

from at least 1 year

of service, whether
continuous or not,
until while such
activity exists.

employee has been

engaged to perform
activities which are
usually necessary
or desirable in the
usual business or
trade of the
employer;

any employee who

has rendered at
least one year of
service, whether
such service is
continuous or
broken, shall be
considered a
regular employee
with respect to the
activity in which he
is employed and his
employment shall
continue while such
actually exists.

end of season;

-Has rendered at
least 1 year of
service, with
respect to the
activity in which he
is employed.

REGULAR
EMPLOYMENT
(Art. 280, Labor
Code)

CASUAL
EMPLOYMENT
(Art. 280, Labor
Code)

end of season;
1 year

- Has been engaged

to perform activities
which are usually

reasonable
just causes;
connection between
the particular
authorized by
activity performed
existing laws.
by the employee in
relation to the usual
business or trade in
its entirety.

end of season;
just causes;
-Engaged to work
on an activity that authorized by
is not usually
existing laws.
necessary or
desirable in the
usual business or
trade of the
employer.

has been engaged

to perform activities
which are usually
necessary or
desirable in the

usual business or
trade of the
employer;

rendered at least 1
year of service.

work is casual when

it is not a part of
the business in
which the employer
is engaged.

Mehibatel Furniture
Co., Inc. v. NLRC
(220 SCRA 602);
Opulencia Ice Plant
and Storage v.
NLRC (G.R. No.
98368) December
15, 1993.

Mercado v. NLRC
(G.R. No. 79869)
September 5, 1991;
Caro v. Rilloraza
(102 PHIL 70);
Mansal v. Gocheco
(96 PHIL 945).

necessary or
desirable in the
usual business or
trade of the
employer.

engaged to work for allowed to work

employed only for just causes;
a particular
after expiration of
the duration of one
season;
term
season;
authorized by
existing laws.
ends upon
has rendered at
perform work or
completion of the
least 1 year of
services seasonal
season or project
service, with
in nature.
respect to the
activity in which he
is employed.
SEASONAL
EMPLOYMENT

- Has been engaged

to perform activities
which are usually
necessary or
desirable in the
usual business or
trade of the
employer.

PROJECT
EMPLOYMENT hired only for a
continuous rehiring completion or

specific project or
of such employee
termination of such
undertaking;
even after the
project or
completion of the
undertaking has
ends upon the
project or
been determined
undertaking;
at the time of the
completion of said
engagement of the
project or
the tasks performed
employee and
undertaking.
made clear to the
by the such
employee at the
employee are vital,
time of hiring;
necessary, and

enjoy security of
tenure during the
season they are
working;

activity is usually
necessary or
desirable in the
usual business or
trade of the
employer;

Mercado v. NLRC
(G.R. No. 79869)
September 5, 1991;
Hacienda Fatima v.
NFSWFGT (G.R. No.
149440) January
28, 2003;
-Manila Hotel v. CIR
(9 SCRA 184).

regular seasonal
employees: called
to work from time
to time. During off
season they are
temporarily laid off
but during on
season they are
reemployed, or
when their services
are needed.

completion of the protected by

specific project or
security of tenure
undertaking;
while employed
during the course
just causes;
of the project or
undertaking;

authorized by
if a project has
existing laws.
already been
completed, it
would be unjust to

Cocomangas Hotel
Beach Resort v.
Visca (563 SCRA
705);
Sandoval Shipyards
v. Leogardo (137
SCRA 755).

indispensable to
the usual business service to be
or trade of the
performed by the
employer.
employee is in
connection with
the particular
project or
undertaking for
which he is
engaged;

require the
employer to
maintain them in
the payroll while
they are doing
absolutely nothing
except to wait for
another project;
employee, while not
employed and
awaiting
engagement, is
free to offer his
services to any
other employer.

hired for a specific when employee has the fixed period of arrival of the date the use of fixed Price, et al. versus
period only.
been engaged to
employment
in the contract
term employment
INNODATA Phils.
perform activities
should be
automatically
is subject to abuse
Inc (2008);
which are usually
knowingly and
terminates him as
by employers who
necessary or
voluntarily agreed
an employee;
want to deprive GMA Network v
desirable in the
upon by the
workers of their
Pabriga (2014);
usual business or
parties, without
the day parties
security of tenure.
trade of the
any force or
In this situation, Brent School v
agreed to
employer.
pressure affecting
the fixed term or
terminate
Zamora.
his consent;
period should be
employment
struck down as
contract.
it should appear
contrary to public
policy or morals.
that the employer
FIXED PERIOD
and employee
EMPLOYMENT
dealt with each
other on more or
less equal terms,
with no moral
dominance exerted
by the employer at
the disadvantage
of the employee;
duration of
employment is
agreed upon by
the parties.