SECURITY OF TENURE

- As probationary and contractual employees, private respondents [complainant

employees] enjoyed security of tenure, but only to a limited extent — i.e., they remained
secure in their employment during the period of time their respective contracts of
employment remained in effect."

- In short, there is security of tenure for a limited period and security of tenure for an
unlimited period.

TENURE OF MANAGERIAL PERSONNEL

- Generally, employers are allowed a wider latitude of discretion in terminating the
employment of managerial personnel or those who, while not of similar rank, perform
functions which by their nature require the employer's full trust and confidence.
- Even Managerial Employees Are entitled to Security of Tenure
- The employer should bear in mind that in the execution of said prerogative, what is at
stake is not only the employee's position but his livelihood. The fact that one is a
managerial employee does not by itself exclude him from the protection of the
constitutional guarantee of security of tenure.
RIGHT TO SECURITY OF TENURE CANNOT BE CONTRACTED AWAY
- The right to security of tenure cannot be blotted out by an employment
contract.
- As explained earlier, the employment contract between [employer] and [employee] is
governed by Philippine labor laws. Hence, the stipulations, clauses, and terms and
conditions of the contract must not contravene our labor law provisions.

KINDS OF EMPLOYMENT
ESSENTIALITY OF EMPLOYER-EMPLOYEE RELATIONSHIP
- It is pointless to discuss security of tenure if the parties involved are not employer-employee to each other.
- Article 280 Presupposes Employment Relationship
- This Article 280 applies where the existence of employer-employee relationship is not the issue in dispute.
If the issue is whether or not the claimant is an employee, the answer should be searched elsewhere but not
in this Article 280. The article limits itself to differentiating four kinds of employment arrangement:
regular, project, seasonal and casual. The article presupposes that the relationship of being employer and
employee exists between the parties.
- the question of existence of employer-employee relationship is resolved principally by applying the four-
fold test which Court rulings explain (see in comments to Article 82).

REGULAR EMPLOYMENT
- The primary standard to determine a regular employment is the reasonable connection between the
particular activity performed by the employee in relation to the usual business or trade of the employer.
- What determines regularity or casualness is not the employment contract, written or otherwise, but the
nature of the job. If the j o b is usually necessary or desirable to the main business of the employer, then
employment is regular.
- A "contract of services" under Articles 1642 and 1644 of the Civil Code does not necessarily negate the
existence of employment relationship.
- If the work is integral part of the business and the worker does not furnish an independent business or
professional service, the work is presumed to be a regular employment.

Two kinds of regular employees:

(1) regular employees by nature of work
(2) regular employees by years of service

Examples of Regular Employment by Nature of Work

- It is the nature of the activities performed in relation to the particular business or trade considering all
circumstances, and in some cases the length of time of its performance and its continued existence.
- Workers Supplied by Labor-only Contractor Considered Regular Employees of Contractee
-