Labor Law _D_Kinds of Employment Flashcards
Kinds of Employment - memorize this Framework
General Rule : Employment is deemed regular
Exception:
Probationary - trial period for suitablty
Seasonal-ltd to specfc season demnd
Project- hired up to durtn of proj
Term-ofw seaman, fixed term autoEnd
Casual-work not essntl to business
Exceptions to the Exception
a) Probationary employees allowed to work even one day AFTER the probationary period = Regular employee
b) Casual workers rendering service for at least 1 year, whether continuous or broken
c) Term employee allowed to work after term has expired
d) Project employee allowed to work after project without any contract
e) Seasonal worker allowed to work after season has ended = regular seasonal workers
f) Those who were not informed of the nature of their engagement as not being regular.
Kinds of Employment
Who are Regular employees?
2 types
- Those who are Hired for activities which are NECESSARY or DESIRABLE in the usual trade or business of the employer.
- Those who have Rendered at least 1 year of service, (continuous/broken) with respect to the activity they were employed.
Kinds of Employment
Who are Probationary employees?
Those hired for regular positions but placed on a Probationary Status for 6 month period and becomes regular once qualified based on standards made known to the party at time of hiring.
Considered regular once allowed to work beyond the probationary period.
Kinds of Employment
Who are Term employees?
2 Criteria for Fixed Term employment - state.
OFw Seaman
Those hired for a SPECIFIC Period.
The arrival of the specified date Automatically Terminates the Er-Ee relationship.
A. Fixed period of employment was KNOWINGLY and VOLUNTARY AGREED upon by the parties without duress, force or vices of consent. AND
B. Both parties DEALT with each other on more or less EQUAL TERMS.
Kinds of Employment
Who are Project employees?
Those hired to carry out a SPECIFIC PROJECT or UNDERTAKING, the
a. Duration and
b. Scope
of the project were specified at the time of engagement.
Kinds of Employment
Who are Seasonal employees?
Those hired for work which is SEASONAL in Nature, and the employment is for the Duration of the Season.
Regular seasonal employees are those called to work from time to time. During Off Season, they are TEMPORARILY LAID OFF but re-employed when their services may be needed.
They are in regular employment because of the Nature of their job and NOT because of the period of time they have worked. (Hacienda San Isidro vs. Villaruel 2015)
Kinds of Employment
If an employee is regular seasonal employee, will he be entitled to CBA benefits given to regular employees?
No. Regular seasonal workers should not be confused with regular workers.
Unlike regular workers, Regualar Seasonal workers do not perform tasks for the entire year, regardless of the season. (Universal Robina vs Acibo 2014)
Kinds of Employment
Who are Casual employees?
Those hired to perform work which is merely INCIDENTAL to the business of the employer.
Any casual employee who has rendered at least 1 year of service, continuous/broken shall be considered a regular employee WITH RESPECT to the ACTIVITY he is employed and his employment shall continue while such activity exists.
Kinds of Employment
What are the 3 Employee classification as to Rank? Discuss. MSR
- Managerial employees - those vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off recall employees.
- Supervisory employees - those who effectively recommend managerial actions which are not routinary but requires use of independent judgment
- Rank-and-File employee - all other employees not falling within the definition of “managerial” or “supervisory” employees
