Lecture

on
Labor Law
Atty. Regina DC. Tanalgo, LPT.
Attorney VI, National Labor Relations Commission
 KINDS OF EMPLOYMENT

1. Regular
2. Non-Regular
2.1. project
2.2. seasonal
2.3. casual
2.4. fixed-term
2.5. probationary
 REGULAR EMPLOYMENT
Article 295. Regular and casual employment.
The provisions of written agreement to the
contrary notwithstanding and regardless of the
oral agreements 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
 NON-REGULAR EMPLOYMENT
except 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 or where the
work or service to be performed is
seasonal in nature and the employment is
for the duration of the season.
 NON-REGULAR EMPLOYMENT
An employment shall be deemed to be
casual if it is not covered by the preceding
paragraph: Provided, That 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 activity exists.
 REGULAR EMPLOYMET
1. By nature of work
2. By period of service
3. After probationary employment
 INDICATORS OF PROJECT EMPLOYMENT

1. The duration of the specific/identified

undertaking for which the worker is engaged
is reasonably determinable
2. Such duration, as well as the specific
work/service to be performed, are defined in
an employment agreement and is made
clear to the employee at the time of hiring
 INDICATORS OF PROJECT EMPLOYMENT

3. The work/service performed by the employee

is in connection with the particular project or
undertaking for which he is engaged
4. The employee, while not employed, is free to
offer his services to any other employer
 INDICATORS OF PROJECT EMPLOYMENT

5. A report of the termination of employment in

the particular project/undertaking is submitted
to the DOLE Regional Office having jurisdiction
over the workplace within thirty (30) days
following the date of his separation from work
6.An undertaking in the employment contract by
the employer to pay completion bonus to the
project employee as practiced by most
construction companies
Is the length of service material in determining
the validity of project employment?
 PROJECT EMPLOYMENT
Test – whether or not the project employees
were assigned to carry out specific project or
undertaking, the duration and scope of which
were specified at the time the employees were
engaged for that project.
 PROJECT EMPLOYMENT

• A true project employee should be assigned to

a project which begins and ends at
determined or determinable times and be
informed thereof at the time of hiring.
 SEASONAL EMPLOYMENT
A seasonal employee can become a regular
seasonal employee provided that the following
requisites are complied with:
• The seasonal employee should perform work
or services that are seasonal in nature; and
• They must have also been employed for more
than one (1) year.
 CASUAL EMPLOYMENT
The most important distinction is that the work
or job for which he was hired is merely
incidental to the principal business of the
employer and such work or job is for a definite
period made known to the employee at the time
of engagement.
 CASUAL EMPLOYMENT
• Casual employees become regular after one
year of service by operation of law. The one
(1) year period should be reckoned from the
hiring date. Repeated rehiring of a casual
employee makes him a regular employee.
 FIXED-TERM EMPLOYMENT
Requisites for a valid fixed-term employment:
• The fixed period of employment was
knowingly and voluntarily agreed upon by the
parties, without any force, duress or improper
pressure being brought to bear upon the
employee and absent any other circumstances
vitiating his consent; or
 FIXED-TERM EMPLOYMENT
• It satisfactorily appears that the employer and
employee dealt with each other on more or
less equal terms with no moral dominance
whatever being exercised by the former on
the latter.
 PROBATIONARY EMPLOYMENT
Article 296. Probationary employment shall not
exceed six months from the date the employee
started working, unless it is covered by an
apprenticeship agreement stipulating a longer
period.
 PROBATIONARY EMPLOYMENT
The services of an employee who has been
engaged on a probationary basis may be
terminated for a just cause or when he fails 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. An employee who is allowed to
work after a probationary period shall be
considered a regular employee.