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Chapter 7: Classification of Employees Work is merely incidental

Becomes regular when he completes 1


Protection of security of tenure as an act
year of service while such activity exists
of social justice
- Declaration of change of status is
Job = sole possession; protected against
not required; regular by mere
arbitrary or unjust deprivation of such
operation of law
job
Code construed security of tenure as Termination: May be removed any time
referring to regular employees
Fixed Period Employee
- Employer shall not terminate
services of an employee except for Employee for whom a day certain is
just causes or when authorized by agreed upon for the commencement
the Labor Code. and termination of EER
Day certain: must necessarily come
Classifications of Employees
although it may not be known when
1. Regular/permanent Determining factor: day certain, NOT the
2. Casual activity
3. Fixed period/term When agreement circumvents security
4. Project of tenure, period shall be struck down
5. Seasonal and disregarded as contrary to law,
6. Probationary morals, good customs, public order, and
public policy
Regular Employees
- When that happens, employee
2 Kinds: becomes a regular employee

1. Those who perform acts that are Period or term is valid when:
necessary and desirable in the usual
1. Fixed period is knowingly and voluntarily
business of the employer except when
agreed upon without any force, duress
hired for a fixed term or a season
or improper pressure, and other
2. Casual employee who completed 1 year
circumstances vitiating consent
of continuous or intermittent service
(unenforceable contract)
Nature of work and connection with the
2. Employer and employee dealt with each
scheme of business is taken into account
other on equal terms with no moral
Length usually suggests necessity of dominance whatsoever
activity
- Casual employees are regular with
respect to activity he performs and
Deans, principals, college secretary or
while activity exists
president, EVP, VP are examples of fixed
Termination: just and authorized causes & after period employees (may step down
compliance with requirements of due process before end of period)
Status of employment co-exists and co-
Casual Employees terminus only with term fixed
Engaged in work NOT necessary and
desirable in the usual business
When dismissed without just cause, the be paid the salary for the unexpired
employee is entitled to payment for portion of his contract
unexpired portion of his contract
Seasonal Employees
Project Employees
Perform work or service that is seasonal
Co-terminus with the project for which in nature or whose employment is for
they were hired the duration of the season
Milling employees are regular; the mill
2 Types of Projects
operates for the whole year despite
1. A particular job or undertaking within having harvests only 2-3 times a year
the regular business of the company but When employees are repeatedly re-
which is distinct from its other employed every season, they get the
undertakings status of regular seasonal employees
2. Not within the regular course but - Off-season: not separated from
identifiably distinct and separate from service but on leave of absence
ordinary operations without pay until he is re-employed

Indicators of Project Employment Termination: services are terminated at the end


of the season
1. Duration of project is reasonably
determinable Probationary Employees
2. Such duration is defined and made clear
On a trial by the employer during which
at time of hiring
the employer determines whether they
3. Work performed is in connection with
are qualified or not
project for which he is engaged
4. Free to offer services to others while he Probationary Period trial period where
is not employed employer observes fitness, propriety, and
5. Termination is reported to DOLE efficiency of the employee
Regional Office having jurisdiction
-Standard must be made known at
within 30 days following date of
the time of hiring
separation using prescribed form
The Labor Code authorizes different
6. Completion bonus
probationary periods according to the
Termination: brought about by the completion requirements of a particular job
of the project or contract At the expiration of the period,
employee becomes regular
- Construction: dismissal shall be
reported in the Monthly Report on Apprenticeable and Learnable Jobs
Employees Termination, Dismissals,
A: Around 6 months of apprenticeship period
and Suspensions DOLE Regl
Office - May not be put under probationary
- When project is not done, employee employment in the company he
dismissed without just cause and if trained in
work is not unsatisfactory, he is
entitled to reinstatement with
backwages; if not possible, he must
L: If job can be learned in 3 months or less, upon
completion of learning period, the employee is
deemed regular.

Professors, Instructors, or Teachers

3 consecutive years of satisfactory


service

Extension of General Probationary Period

1. Stipulation: agreed upon by the parties;


period longer than 6 months is valid
depending on nature of work
2. Extension at or prior to expiration:
failure to qualify; agreed upon by
parties; is not equal to regularization;
must be at or prior to the expiration of
the period

Termination:

Employee may be dismissed any time


before expiration of the period
If the employee continues to be
employed after 6 months, he is deemed
regular by mere operation of law
If no standards are made known at time
of engagement, he is deemed regular at
time of hiring
Employee may be regularized before
expiration of period
Failure to meet standards, written
notice is sufficient (reasonable time
from effective date of termination)