Labor Review: Notables

VI. TERMINATION OF EMPLOYMENT

CATEGORIES OF EMPLOYMENT

a. Regular
b. Casual
c. Probationary
d. Project employment
e. Seasonal employment
f. Fixed-term employment

A. REGULAR

“Only casual Ees performing work that is neither necessary nor desirable to the usual
business and trade of the employer are required to render at least one year of service to
attain regular status. Ees who perform functions which are necessary and desirable to
the usual business and trade of the employer attain regular status from the time of
engagement. Here, the camera operators were never casual Ees because they
performed functions that were necessary and desirable to the usual business of GMA;
hence, they did not need to render a year’s worth of service to be considered Ees.”

“The repeated rehiring of workers and the continuing need for their services clearly
attest to the necessity or desirability of their services in the regular conduct of the
business or trade of the company. (Magsalin & Coca-Cola v. N.O.W.M.)”

In answering questions of regularity, always go back to article 295 of the LC:

a. Ee performs activities which are necessary and desirable to the usual business or
trade of the Er (xpn: fixed for specific project or undertaking the completion or
termination thereof has been determined at the time of the engagement; or if the
service to be performed is seasonal in nature and the employment is for the duration
of the season); OR
b. The Ee has rendered at least one year of service, whether continuous or broken.
This shall be with respect to the activity in which he is employed, and while such
activity exists.
- In determining desirability or necessity of the work performed, the length of time
rendered-more than 1 year- can be deemed an evidence to warrant one to be a
regular employee
- The mode of compensation is not determinative of the regular employment
 B. CASUAL EMPLOYMENT

“Employment is casual when it is irregular, unpredictable, sporadic, and brief in nature, and
outside the usual business of the Er. (Caro v. Rilloraza, G)”

- Whose employment is nost usually necessary or desirable in the usual business or

trade of the employer, provided it is not seasonal nor project.
*what is the essence of it being seasonal or project based? Casual
employment, if for more than one year, turns to regular status. This is not
case for seasonal or project employees*
- Performs only incidental job in relation to the principal activity of the employer and is
for a definite period of time made known to the Ees during the period of their actual
employment.

C. PROBATIONARY EMPLOYMENT

GR: Usually for 6 months from the date of the commencement of employment

XPN:

1. Covered by apprenticeship or learnership agreement stipulating a different period;

2. When the parties may agree otherwise, such as:
a. Established by company policy;
b. Required by the nature of the work to be performed by the employee;
3. The Er gives the Ee a second chance to pass the standards set

Requisites:

1. Written contract;
2. The contract must state that the Ee is to undergo probationary period for
employment for a specified number of months;
3. That the contract must specify reasonable standards on the basis of which his
performance will be evaluated;
4. There must be an assessment of the performance of the Ee based on the standards
laid down in the contract;
5. The result of the assessment must be communicated to the Ee.

The following will make the probationary employment regular:

1. The failure of the Er to make know to the Ee that standards at the time the latter is
hired
2. Not expressly agreed upon
3. Allowed to work in excess of the probationary period
4. During the period, the Ee enjoys security of tenure. Therefore, like regular
employees, he cannot be terminated unless for just and authorized causes.