Perpetual Help Cooperative, Inc. v.

Faburada

In Perpetual Help Cooperative, Inc. v. Faburada, it was held that a part-time employee
may be a regular despite rendering less than the eight hours of work a day. “That [the
employee] worked only on a part-time basis does not mean that he is a not a regular
employee. Ones regularity of employment is not determined by the number of hours
one works but by the nature and by the length of time one has been in that
particular job.”

The justification is anchored on the “intent of the law in allowing a probationary period
prior to regularization.” The employer’s main reason for insisting the 6-month probation
is to test the employee’s fitness for employment during that time. Thus, the number of
normal working days and hours within the probationary period should be observed. “For
this reason, part-timers should become regular in status, after working for the total
number of hours or days, which completes a six-month probationary period of a full-time
worker in the same establishment doing the same job under normal circumstances.”

Labor Code of the Philippines as amended and renumbered

per DOLE Dept. Advisory No. 1 Series of 2015

Art. 295 [Art. 280.] REGULAR AND CASUAL EMPLOYMENT.—The provisions of written
agreement to the contrary notwithstanding and regardless of the oral agreement of the
parties, an employment shall be deemed to be regular where the employee has been
engaged to perform activities which are usually necessary or desirable in the usual
business or trade of the employer, except where the employment 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 employee or where the work or service
to be performed is seasonal in nature and the employment is for the duration of the
season.

An employment shall be deemed to be casual if it is not covered by the preceding

paragraph: Provided, That, any employee who has rendered at least one year of service,
whether such service is continuous or broken, shall be considered a regular employee
with respect to the activity in which he is employed and his employment shall continue
while such activity exists.

Labor Advisory No. 12 Series of 2013 – Payment of 13th month pay

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II. COVERAGE

Rank-and-file employees in the private sector shall be entitled to 13 th month pay

regardless of their position, designation, or employment status, and irrespective of the
method by which their wages are paid, provided that they have worked for at least one
month during the calendar year.

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NOTE: Once a part-time worker is regularized by operation of law or based on the

foregoing jurisprudence then he will be entitled to the same benefits that a regular
employee may receive including 13th-month pay.