When will you use the economic reality test?

In the two-tiered approach, which one is controlling?

- Power to control
What are the two types of contractors?
- Individual independent contractors or those who are engaged in their private
practices. E.g. Lawyers, doctors, etc. vs. the type of contractor contemplated
under art. 106-109 of the labor code.
What are the different types of employment under the labor code?
- Regular, casual, probationary
Define regular employment
- When one is engage in activities which are necessary OR desirable to the
usual business or trade of the employer except project and seasonal.
Define casual employment
- When one is engage in activities which are incidental to the usual business or
trade of the employer
What happens if a casual employee rendered one year of service?
- If a casual employee has rendered at least 1 year of service, whether
continues or broken, he will be deemed as a regular employee with respect to
the activity in which he is employed.
How long will his employment last? Can you terminate him anytime?
- No, you cant. His employment is coterminous with the activity in which he is
employed or until the said activity exists.
Is a finance officer of a brewery company a regular, casual, or probationary
employee?
Is a teacher a regular, casual, or probationary employee?
Does a casual employee have security of tenure?
In case of a school teacher, can the parties agree to fix the term of the teacher, let
us say for this semester? Is it illegal?
- Not illegal as long as the parties agreed.
Can an employer fix the term of employment of a regular employee?
- No, for it will de-regularize the employee. The employee enjoys security of
tenure.

Does the law fix the period of probation?

- Not more than 6 months.
When will it start?
- At the time the employee ACTUALLY started working
Why?
- Thats the time he starts to be evaluated or assessed.
Probationary period is for whose benefit?
- Both
Explain.
- For the employer to observe and assess the employee if he is qualified or fit
for the job.
- For the employee to prove that he is fit or qualified for the job.
Can the probationary period be unilaterally shortened?
- No, it will be unfair for the employee.
Can the employee terminate the probationary employee before the expiration of the
probationary period?
- Yes, on the ground of unsatisfactory something.
Can the probationary period be more than 6 months?
- General rule: No. Exceptions: learnable or apprenticeship, boysier case
(ambot unsay spelling), Manual of regulation, mariwasa case.
Last topic kay project employee. wa na ko kasuwat kay ako ang nag recite. Di pud ni
complete kay nalimot na ko sa uban.