Regular Employee Art. 295: The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer
Joy Grace Duremdes 6/5/2017
Probationary Employee Probationary employment is not necessarily a category of employment. It pertains to a period of time in which an employee is being observed and evaluated to determine whether or not he is qualified for permanent employment. IRR of LC: There is probationary employment where the employee, upon his engagement, is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment, based on reasonable standards made known to him at the time of engagement. Joy Grace Duremdes 6/5/2017 Probationary Employee Generally, the probationary period of employment is limited to six (6) months. The exception to this general rule is, when the parties to an employment contract may agree otherwise, such as when the same is established by company policy or when the same is required by the nature of work to be performed by the employee. In the latter case, there is recognition of the exercise of managerial prerogatives in requiring a longer period of probationary employment, such as in the present case where the probationary period was set for eighteen (18) months, i.e. from May, 1980 to October, 1981 inclusive, especially where the employee must learn a particular kind of work such as selling, or when the job requires certain qualifications, skills, experience or training. (Buiser v Leogardo, GR. L-63316, July 31, 1984) Joy Grace Duremdes 6/5/2017 Casual Employee A Casual employee is an employee who is engaged to perform an activity not usually necessary or desirable to the course of business of the employer or merely incidental to the business and is hired under the terms of casual employment and for a definite period only. They are devoid of security of tenure. Art. 295: Provided, that an employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered as regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
Joy Grace Duremdes 6/5/2017
Casual Employee If the employee has been performing the job for at least one year, even if the performance is not continuous or merely intermittent, the law deems the repeated and continuing need for its performance as sufficient evidence of the necessity if not indispensability of that activity to the business. Hence, the employment is also considered regular but only with respect to such activity and while such activity exists. (Romares v NLRC, GR. 122327, Aug. 19, 1998)
Joy Grace Duremdes 6/5/2017
Project Employee
Art. 295: where the employment has been fixed for
a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee .
Joy Grace Duremdes 6/5/2017
Seasonal Employee
Art. 295: where the work or service to be performed
is seasonal in nature and the employment is for the duration of the season.