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J o s e - A n t o n i o

ALILING & ASSOCIATES


A t t o r n e y s - a t - L a w
Handout No. 03

SECURITY OF TENURE
CONSTITUTIONAL BASIS: Section 3, Article XIII, 1987 Philippine Constitution
Section 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.
x x x They shall be entitled to security of tenure, humane conditions of work, and a living
wage. x x x
STATUTORY BASIS: Labor Code
Article 3. Declaration of basic policy. x x x The State shall assure the rights of workers to selforganization, collective bargaining, security of tenure, and just and humane conditions of work.
Article 279. Security of tenure. In cases of regular employment, the employer shall not
terminate the services of an employee except for a just cause or when authorized by this Title.
An employee who is unjustly dismissed from work shall be entitled to reinstatement without
loss of seniority rights and other privileges and to his full backwages, inclusive of allowances,
and to his other benefits or their monetary equivalent computed from the time his
compensation was withheld from him up to the time of his actual reinstatement. (As amended
by Section 34, Republic Act No. 6715, March 21, 1989)
-oSECURITY OF TENURE = Terminated only for causes allowed by law and through the process
prescribed by law.
SECURITY OF TENURE is not equivalent to PERMANENT employment. Thus, there is should
be no such thing as a Permanent Employee.
Type / Class of Employee
Regular Employee

Causes for Termination / Separation


Just Causes (Art. 282)
Authorized Causes (Art. 283)
Disease (Art. 284)
Voluntary Resignation (Art. 285)
Retirement ( Art. 287)

Probationary Employee

Just Causes (Art. 282)


Authorized Causes (Art. 283)
Disease (Art. 284)
Voluntary Resignation (Art. 285)
Retirement ( Art. 287)

Main Office : 820 Princeville S. Laurel St., Pleasant Hills, Mandaluyong City 1550, Philippines
Correspondence Office : 5/F Builder's Centre Bldg., 170 Salcedo St., Legaspi Village, Makati City 1229, Philippines
Mobile (63917)533-8861 Telephone (632)475-8529 Fax (632) 902-0949
janaliling@acubelaw.com janaliling@gmail.com
www.acubelaw.com

J o s e - A n t o n i o

ALILING & ASSOCIATES


A t t o r n e y s - a t - L a w
-PlusFailure to qualify as a regular employee in accordance
with reasonable standards made known by the employer
to the employee at the time of his engagement (Article
281).
Probationary employees, notwithstanding their limited
tenure, are also entitled to security of tenure. ( Phil.
Federation of Credit Cooperatives, Inc., et al. v. NLRC, et
al., G.R. No. 121071, 11 December 1998)

Project Employee

Just Causes (Art. 282)


Authorized Causes (Art. 283)
Disease (Art. 284)
Voluntary Resignation (Art. 285)
Retirement ( Art. 287)
-PlusThe completion of the particular project or undertaking
for which the employee was hired. (Art. 280)
A project employee hired for a specific task also enjoys
security of tenure.(Archbuild Masters and Construction,
Inc. v. NLRC, G. R. No. 108142)

Seasonal Employee

Just Causes (Art. 282)


Authorized Causes (Art. 283)
Disease (Art. 284)
Voluntary Resignation (Art. 285)
Retirement ( Art. 287)
-Plus-

Fixed-Term Employee

The end of the season.


Just Causes (Art. 282)
Authorized Causes (Art. 283)
Disease (Art. 284)
Voluntary Resignation (Art. 285)
Retirement ( Art. 287)
-PlusExpiration of the stipulated and predetermine period.

POINT TO PONDER: Do Casual Employees enjoy security of tenure?

Main Office : 820 Princeville S. Laurel St., Pleasant Hills, Mandaluyong City 1550, Philippines
Correspondence Office : 5/F Builder's Centre Bldg., 170 Salcedo St., Legaspi Village, Makati City 1229, Philippines
Mobile (63917)533-8861 Telephone (632)475-8529 Fax (632) 902-0949
janaliling@acubelaw.com janaliling@gmail.com
www.acubelaw.com