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Social Justice Project

This document summarizes the different types of employment under Philippine labor law: 1) Regular - presumed if work is necessary or desirable in employer's usual business for an indefinite period. Termination requires just cause. 2) Project-based - for a specific project only. Employment ends upon project completion if employer submits termination report to DOLE. 3) Seasonal - for planting/harvesting seasons only. Regular-seasonal workers not entitled to full CBA benefits. 4) Casual - neither regular, project, nor seasonal. Becomes regular after 1 year of continuous service. 5) Probationary - allows employer to assess employee for up to 6 months before regularization

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42 views1 page

Social Justice Project

This document summarizes the different types of employment under Philippine labor law: 1) Regular - presumed if work is necessary or desirable in employer's usual business for an indefinite period. Termination requires just cause. 2) Project-based - for a specific project only. Employment ends upon project completion if employer submits termination report to DOLE. 3) Seasonal - for planting/harvesting seasons only. Regular-seasonal workers not entitled to full CBA benefits. 4) Casual - neither regular, project, nor seasonal. Becomes regular after 1 year of continuous service. 5) Probationary - allows employer to assess employee for up to 6 months before regularization

Uploaded by

Tash
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Social Justice stipulations in a contract; burden of proof in the

-Calalang vs Williams 70 PHIL 726 classification of employment lies with the ER.
-Consti 1987 Art 13 Sec 1, 3 (guarantee of tenure), 13 2. PROJECT - regular job but placed in a project-to-
-Consti 1987 Art 2 Sec 9, 10, 11, 13, 14 (W) project basis (eg. construction workers in a construction
PD 442 company); employment is coterminous with the project
-lays down fundamental rights and obligations of EE-Er - what terminates the relationship is the completion of
Art 295 of LC the project, not the fixed term included in the contract.;
-test for regular employment: perform activities usually at the end of the project, the ER must submit a
necessary in the usual business or trade termination report to DOLE. If the ER fails to submit the
EE-Er TEST (4fold) termination report at the end of EVERY project, the EE
-selection and engagement of employee becomes a regular employee.
-payment of wages 3. SEASONAL - regular job but placed in a season-to-
-power of dismissal season basis (eg. farmers during the planting and
-power of control harvesting season); *Regular-seasonal employees -
DO No. 174 s2017 seasonal workers employed for a long period of time
-interpreting Art. 106 to 109 of LC by Sec of L and E during the same season (they are not entitled to CBA
-not applicable to: BPO/KPO/Construction/ benefits enjoyed by the real regular EEs)
Private Secu Agency/Other Contractuals (sale, purchase, 4. CASUAL [295] - an employee that is neither regular,
lease) project, or seasonal (jobs that are merely incidental to
Rights of Employer the trade or business of the ER); but in case his services
-management continued for at least 1 year, whether the service is
-discipline broken or continuous, he becomes regular on the 365th
-transfer day.
-demote 5. PROBATIONARY [296] - a regular job, but the
-dismiss employer is allowed to test the employee for a period
Just Causes for Termination of 6 months max if he passes the ER’s standards; the ER
-Serious Misconduct (in relation to performance; with should inform the EE of the standards to assess the
intent) regularization; the ER can shorten the probationary
-Gross neglect/willful disobedience period; XPNS TO 6 MOS RULE: (a) a longer probationary
-Fraud (Loss of Trust and Confidence) period COULD BE AGREED BY THE ER AND EE IF THE
-Commission of a crime TRAINING REQUIRES SUCH PERIOD (b) an agreement to
-Other Analogous EXTEND the probationary period (c) in case of
Authorized Causes teachers/professors, a 3-year period is enforced; the
-Installation of labor-saving devices probationary EE who failed the assessment must be
-Redundancy NOTIFIED about the reason for such failure.; when the
-Retrenchment EE passes the standards, he becomes a regular
-Closing or cessation employee. He cannot be made seasonal or project or
-Disease otherwise.
6. FIXED TERM - an employment with fixed term or for a
specific period (ie. until May 31, 2020); what terminates
the employment is the coming of the day certain

DO 147-15 s2015
-lawful termination (amendment of Book VI of LC)
-Art 294 (Security of Tenure)
1. GR: An employee is presumed REGULAR [Art 295] if
the job is necessary (teachers in schools, crews in
restaus) or desirable (value-adding services) in the usual
trade or business of the employer, regardless of the

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