Classification of Employees
(According to tenure)
I. Topics
A. Classification of employees
Nature of employer
Representation and CBA
Mode of compensation
Duration
Yardstick of employment status
B. Regular employment
Two kinds ( Art. 295, Labor Code)
Part-time
Probationary
C. Casual employees
Statutory definition
Jurisprudential definition
Illustrative cases
Similarities with non-employment contracts
Security of tenure
D. Fixed term employment
Definition & legal basis
Parameters for validity
Factors in determining validity
Illustrative cases
Inconsistent judicial rulings
Strict scrutiny
E. Project employment
Definition
Applicable industries
Requisites
Illustrative cases
Termination issues
F. Seasonal employment
Definition
Seasonal & regular seasonal employees
Retirement benefits
G. Disputed categories
Avoiding regular employment
Illustrative cases
II Cases
RJL Martinez Fishing vs NLRC, GR No. L-63550-51, 31 Jan 1984
San Miguel Corp vs NLRC, GR No. 125606, 07 Oct 1998
Aberdeen vs Agustin , GR No. 149371, 13 April 2005
Purefoods vs NLRC, GR No. 122653, 12 December 1997
Pangilinan vs General Milling Corp, GR No. 49329, 12 July 2004
GMA Network v Pabriga, GR No. 176419, 27 Nov 2013
Gadia vs Sykes Asia, GR No. 209499, 28 Jan 2015
Innodata Services vs Inting, GR No. 211891, 06 Dec 2017
Paz vs Northern Tobacco Redrying Corporation, GR No. 199554, 18 Feb 2015
Pier 8 Arrastre & Stevedoring Services vs Boclot, GR No. 173849, 28 Sept 2007
III Bar Questions
[Link] Comfort Hotel employed a regular pool of “extra waiters” who are called or asked to
report for duty when the Hotel’s volume of business is beyond the capacity of the regularly
employed waiters to undertake. Pedro has been an “extra waiter” for more than 10 years. He is
also called upon to work on weekends, on holidays and when there are big affairs at the hotel.
What is Pedro’s status as an employee under the Labor Code? Why? Explain your
answer fully.
b. Ms. A is a volleyball coach with five (5) years of experience in her field. Before the start of the
volleyball season of 2015, she was hired for the sole purpose of overseeing the training and
coaching of the University’s volleyball team. During her hiring, the Vice-President for Sports
expressed to Ms. A the University’s expectation that she would bring the University a
championship at the end of the year.
In her first volleyball season, the University placed ninth (9 th) our of 10 participating teams.
Soon after the end of the season, the Vice-President for Sports informed Ms. A that she was a
mere probationary employee and hence, she need not come back for the next season because
of the poor performance of the team. In any case, the Vice-President for Sports claimed that
Ms. A was a fixed-term employee who contract has ended at the close of the year.
Is Ms. A a probationary, fixed-term, or regular employee? Explain your reasons as to
why she is or she is not such kind of an employee for each of the types of employment
given.
