KINDS OF EMPLOYMENTAtty. Harve B. Abella, Esq.

DIFFERENT KINDS OF EMPLOYMENT UNDER THE LCP• REGULAR EMPLOYMENT

• CASUAL EMPLOYMENT

• PROBATIONARY EMPLOYMENT

• PROJECT EMPLOYMENT

• SEASONAL EMPLOYMENT

• FIXED-TERM EMPLOYMENT

Regular Employment• Regular employment is one where, notwithstanding any

written or oral agreement between the employer and employee to the contrary:• EE has been engaged to perform activities which are NECESSARY

& DESIRABLE in the usual business or trade of the ER. (Art. 280, LCP)

• EE has rendered at least ONE (1) YEAR of service, whether such service is continuous or broken, with respect to the activity in which he is employed and his employment shall continue while such activity exists (Art. 280, LCP)

• The employee is allowed to work after a probationary period. (Art. 281, LCP)

TEST OF REGULARITY: reasonable connection between the particular activity performed by the employee in relation to the usual business of the employer

Casual Employment• EE is engaged to perform activities which are not necessary or

desirable in the usual trade or business of the ER• Work is merely incidental to the business of the ER and such

work or service is for a definite period made known to the employee at the time of the engagement. (Art. 280, LCP)

• A CASUAL EMPLOYEE MAY BECOME A REGULAR EMPLOYEE AFTER ONE YEAR OF SERVICE. (Conti vs NLRC, 271 SCRA 114)

• 1 year= whether continuous or broken, with respect to the activity in which his employment shall continue while such activity exists.

• PURPOSE: to give meaning to the constitutional guarantees of security of tenure and right to self-organization (Mercado vs NLRC, Sept 5 1991)

Probationary Employment• Probationary employment is one where the employee is on

trial by employer during which the employer determines the qualifications of the employee for regular employment

• GEN RULE: the probationary period should not exceed 6 months (6 months consists of 180 days – Mitsubishi Motors vs Chrysler Phils. Labor Union, June 29, 2004)• Standards should be made known to the employee at the start of

the engagement otherwise, EE is deemed a regular employee from day one

• If no stipulation on probationary period, employment is deemed regular

• An EE who is allowed to work after probationary period is considered a regular employee

Probationary Employment (cont)• Exceptions to the period requirement:• Apprenticeship agreement• When the parties to an employment agreement agree

otherwise• When the same is established by company policy• When the same is required by the nature of work to be

performed

Probationary Employment (cont)• DOUBLE OR SUCCESSIVE PROBATION NOT

ALLOWED

• The evil sought to be prevented is to discourage scheming Ers from using the system of double or successive probation to circumvent the mandate of the law on regularization and make it easier for them to dismiss their employees (Holiday Inn Manila vs NLRC, September 14, 1993)

TERMINATION OF PROBATIONARY EMPLOYMENT• PROBATIONARY EE are protected by the security of tenure

provision of the constitution. However, a probationary employee may be terminated at any time before the expiration of the probationary period on two (2) grounds:

• 1. JUST CAUSE• 2. FAILURE TO MEET THE STANDARDS FOR QUALIFICATIONS

OF REGULAR EMPLOYMENT

• Nb: probationary ee is entitled to procedural due process

Project Employment• The employment of an employee has been fixed for a specific

project or undertaking, the completion or termination of which has been determined at the time of the engagement of the EE (Art. 280, LCP)

• Where the employment of project employees is extended long after the supposed project has been finished, the employees are removed from the scope of project employees and are considered regular employees

P.E. requirements• DO No. 19, S 1997

1.Specific project phase thereof stated in the employment contract

2.Estimated date of completion of project or phase thereof likewise stated in the contract

3.Employee must have been dismissed every after completion of his project (gaps must be shown in his length of service)

4.There must be a report to the DOLE of his dismissal on account of completion of contract

SEASONAL EMPLOYMENT• Seasonal employment is one where the work or service to be

performed by the employee is seasonal in nature and employment is for the duration of the season (Art. 280, LCP)

• A seasonal employee may become regular after one year of service. Once he attains such regularity, he is properly to be called “Regular Seasonal Employee) – Abasolo vs NLRC, GR No. 118475

• During off season, the relationship of the EE and ER is not severed, the seasonal employee is merely considered on leave of absence without pay.

• Seasonal workers who are repeatedly engaged from season to season performing the same tasks are deemed to have acquired regular employment

Fixed-term (contract employees) Employment• ALSO KNOWN AS TEMPORARY EMPLOYMENT• EE is engaged to work on a specific project or undertaking which

is usually necessary or desirable in the usual business or trade of the employer. The completion of which has been determined at the time of the engagement of the employee

• The employment of an employee is covered by a fixed contract of employment

• Employment that will last for a definite period, as agreed by the parties

• Criteria• Fixed period was knowingly and voluntarily agreed by the parties• Parties dealt with each other on more or less equal terms