LABOR RELATIONS

Classification of workers

1. Supervisory
Managerial
Confidential
Rank-and-File

2. Regular
Casual
Project
Seasonal

Fixed-Term Employee
Probationary

Why classify?
 First kind – for purposes of CBA
 Second kind – for purposes of security of tenure; all have security of
tenure except casual

How are they distinguished?

FTE vs Regular
FTE – has stipulated period, freely and voluntarily agreed upon by parties
- Has written agreement
Regular – has no written agreement

FTE – no EE relationship
Regular – has EE relationship
 How to determine existence of EE relationship – answer is four-fold test
 The mode of payment is not determinate of regularity of employment
 Can a party stipulate that there be no EE relationship? No, it is because
labor contract is imbued with public interest.
 How determine if there is EE relationship – by four-fold-test
 No written contract is necessary to establish EE relationship
 It is the factual circumstances that determine EE relationship
Probationary
 There is probationary employment when there are standards given; said
standards must be reasonable and made known to the employee at the
time of hiring
 Term – does not exceed 6 months
 Second chance by extending the 6-month term to be informed to the
employee before the expiration of the initial 6-month term
 There is written agreement
 Can it exceed 6-month? Yes.
- When voluntarily agreed upon
- If stated in company policy
- If the work cannot be finished within 6 months

FTE vs Probationary
 FTE has no intention to make the employee, a regular one

Grounds for Termination of Probationary

 Just cause
 Authorized cause
 Failure to pass the reasonable standards made known to you

Procedural grounds in terminating probationary

 Required only if the cause of termination is just or authorized cause
- Twin-notice rule and notice to DOLE or notice to employee if just cause
 The employee can file illegal dismissal with prayer for reinstatement, to
see whether or not the standard made to him is reasonable;
reasonableness depends upon the factual circumstance of the case

Written agreement is required in-

 Probationary
 Project
 Seasonal
 Fixed-Term Employment

Steps to classify the kind of employment

1. Determine the nature of the job
2. Determine if the job or undertaking is within the regular business of the
employer
 If the job undertaken is within the regular business of the employer, then
it is regular
  If the undertaking is temporary such as when the need arises then you
hire the said employee, then not regular
 Transmitter men, cameramen vs GMA network case
 Note – long period of time indicates regularity of employment
 Regular project employee

FTE
 FTE performs functions necessary and desirable to the business of the
employee, but is still not regulars
 The employment is up to a day certain or definite period, said day or
definite period being expressly agreed upon by the parties
 Case – Dean in private school is a FTE

Project
 What is definite is the activity or project agreed upon by the parties

How to distinguish FTE from project

 In FTE, what is agreed upon is the day certain or period; whereas in
project is the activity or project agreed upon or subject matter of the
contract

How about continued renewal of employment contract performing the same task
- It is a badge of regularity of employment

FTE – from the time illegal termination until the of expiration of the term
Project – from the time illegal termination until the completion of the project

Seasonal
 Requisites
1. The employee should perform work which should be seasonal in
2. The employee must have been employed for more than one season
 There is such things as regular seasonal employees
 During offseason, your employment is merely temporary suspended

Next meeting - termination