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LABOR LAW WORKSHEET DAZCEL F.

MENDIGORIA
LEGAL HOW? IMPORTANT REQ. WORK HOW THEY BECOME GROUNDS NOTICE FOR BOOK III 13TH SSS
BASIS NECES REGULAR EE FOR TERMINATIO APPLICAB MOTNH PAY
SARRY TERMINATION N LE
AND NECESSARY
DESIRA ?
BLE TO
ER?
REGULAR Art. The test is The work is usually YES After probationary period. Just Causes YES. Due YES. YES. YES Law
EE 280 whether necessary or Regular, if an employee (Art. 282) Process so Subject to Employees requires all
par. 1 particular desirable in the performs activities which are Authorized requires. Conditions who are paid employees(
a fixed or
activity usual business of usually necessary or Causes (Art. They enjoy of EE-ER) to
guaranteed
performed by the business of the desirable in the usual trade 283) security of Employme wage plus be covered
the employee employer. or business of the employer Disease (Art. tenure. nt. ER-EE commission by such
is usually unless fixed and period of 284) exists are also except
necessary or employment beforehand. But Voluntary entitled to those
desirable in the an employee who has Resignation the expressly
usual business rendered 1 year of service , (285) thirteenth- excluded
or trade of the whether such service is Retirement month pay
employer. continuous or broken shall be (Art. 287)
considered a Regular
Employee with respect to the
activity in which he is
employed and his
employment shall continue
while such activity exist.
CASUAL EE Art. An employment Does some work NO A casual employee is deemed Completion of YES. One YES. YES. All NO. Law
280 shall be that is incidental to a regular employee Task shall be Subject to rank-and-file expressly
par. 2 deemed to be the business of the automatically or by operation considered a Conditions employees excludes.
casual if it is employer (work is of law in the following regular of regardless of Again,
not covered by not usual and instances: employee Employme the nature of Employmen
the first few desirable) a. Performs work or with respect nt. ER-EE their t may not
paragraphs of activity that is to the activity exists employment, last for a
Art. 280. The necessary and in which he is and year.
service desirable to the employed irrespective
rendered with business of the and his of the
respect to the company (whether or employment methods by
activity in not such activity has shall continue which they
which he is been done for less while such are paid,
LABOR LAW WORKSHEET DAZCEL F.
MENDIGORIA
employed shall than or more than a activity exists provided
not exceed 1 year) they worked
year (whether b. Even though doing for at least
continuous or mere casual work, one month
broken), but employee does during a
otherwise the that work beyond one calendar
employee shall year, whether year.
be deemed continuous or broken.
regular.

PROJECT EE Art. a. They are Specific project or YES Project employee or member Just Causes Not No. End YES. All No. No EE-
280 hired for a undertaking, the of a work pool may acquire (Art. 282) necessary. results- rank-and-file ER
par. 1 specific duration and scope the status of a regular Authorized Employees basis of employees relationship
services are their
Project or of which were employee when the following Causes (Art. regardless of (Control
coterminous payment.
undertakin specified at the concur: 283) Employer the nature of Test). Law
g time the a. There is a continuous Disease (Art. with the their requires EE-
does not
The completion employees were rehiring of project 284) project, the control employment, ER
or termination engaged for that employees even after Voluntary services of how work and
of such project project. the cessation of a Resignation the project is being irrespective
has been project; and (285) employees done. of the
determined at b. The tasks performed Retirement are legally methods by
the time of the by the alleged (Art. 287) and which they
engagement of project employee Completion of automatically are paid,
the employee. are vital, necessary the project or terminated provided
and indispensable to undertaking in upon the end they worked
the usual business or the project or completion for at least
trade of the of the project one month
employer. during a
calendar
year.
LABOR LAW WORKSHEET DAZCEL F.
MENDIGORIA
SEASONAL Article If the work or (1) the employee NO (1)when the employee works (1) Just causes NO. . The Yes. YES. All The
EMPLOYEE 280, service to be must be beyond or outside of the (2) Authorized work or Subject to rank-and-file existence of
Labor performed is performing work or season at activities usually causes service that Conditions employees an
Code seasonal in services that are necessary and desirable to (3) Disease the employee of regardless of employer-
nature and the seasonal in nature; the employer; (4) Voluntary is employed Employme the nature of employee
employment is (2) the employee Resignation is seasonal in nt. ER-EE their relationship
for the duration had been (2) when the employee is (5) Retirement nature or exists employment, . All
of the season. employed for the consistently rehired after (6)End of the lasting for and employees
duration of the every season season the duration irrespective hired by
season. of the of the private
season. methods by companies
which they are
are paid, required
provided to become
they worked an SSS
for at least member (R
one month epublic Act
during a No. 8282).
calendar
year.
LABOR LAW WORKSHEET DAZCEL F.
MENDIGORIA
FIXED TERM Article If the (1)a written NO When the employee works (1) Just causes Yes. YES. All The
No. Since the
EMPLOYEE 280, termination of agreement beyond or outside the agreed (2) Authorized Subject to rank-and-file existence of
Labor the specifying the period at activities usually causes period Conditions employees an
Code employment is duration and when necessary and desirable to (3) Disease specifying of regardless of employer-
already the exact date the the employer. (4) Voluntary Employme the nature of employee
determined at engagement will Resignation the duration nt. ER-EE their relationship
the time of the end; (5) Retirement and when the exists employment, . All
engagement of (2) the fixed-term (6) Expiration and employees
exact date
the employee arrangement was of the irrespective hired by
agreed upon stipulated and the of the private
knowingly and predetermine methods by companies
engagement
voluntary by the period which they are
parties; will end was are paid, required
(3) it must be agreed upon provided to become
shown and they worked an SSS
positively proven knowingly for at least member (R
that the periods or and one month epublic Act
fixed-term were during a No. 8282).
voluntarily
NOT for the calendar
purpose of the parties. year.
preventing the
employee from
acquiring tenurial
security by the
employee;
(Additional from
the case of Brent
School Inc v.
Zamora)
(4) the employee
himself insists
upon the period;
and
(5) where the
nature of the
engagement is
such that, without
being seasonal or
LABOR LAW WORKSHEET DAZCEL F.
MENDIGORIA
for specific project,
a definite date of
termination is sine
qua non.
LABOR LAW WORKSHEET DAZCEL F.
MENDIGORIA
PROBATION Article If the employee (1)the employer YES (1)when upon employment, (1) Just causes Yes. YES. All YES. All
NO.
ARY 281, is, for a given made known to the he was NOT informed that he (2) Authorized Subject to other employees
EMPLOYEE Labor period of time, employee the will work on a probationary causes No.Probation Conditions workers are hired by
Code under standards under status; (3) Disease ary, as used of entitled private
observation which he will (2)when upon employment, (4) Voluntary Employme regardless of companies
and evaluation qualify as a regular even though he was informed Resignation to describe nt. ER-EE status, are
to determine employee; of his probationary status, he (5) Retirement the period of exist casual, required
whether or not (2) such standards was NOT informed of the (6) Failure to contractual to become
employment,
he or she is were introduced to standards required for qualify as a or regular, an SSS
qualified for the employee at regularization; and regular implies the probationary member (R
permanent the time of his (3)when the employee employee in or epublic Act
purpose of
employment. engagement ; and continues to work a day after accordance permanent, No. 8282).
The period (3) the the 6-month probationary with reasonable the term or as long as An
shall not probationary period expires standards period. they have employee is
exceed six (6) period, as a made known by worked for at required to
months. general rule, the employer The least one submit
should not exceed to the employer month in any contribution
6-months from the employee at may particular s even
time the employee the time of his dismissed a year. though the
commenced to engagement Probationary employee is
work with the employee for on
company cause at any probationar
time before y status.
the The law
expiration of doesnt
six months distinguish
after hiring. If between
after working regular and
for less than probationar
six months, y
he is found to employees
be unfit for (it simply
the job, he states
can be employees
dismissed. or workers)
Generally, the
probationary employer
employment cannot
LABOR LAW WORKSHEET DAZCEL F.
MENDIGORIA
shall not distinguish
exceed six between
(6) months them as
from the date well (for
the employee purposes of
started SSS).
working.