13 October 14, 2021

Marco Salcedo Labor Law

12 - Amare Atty. Villanueva

TOA: TOPIC C – KINDS OF EMPLOYMENT

1.)

● Probationary employment is when the employees undergo a probationary period to

determine whether they are qualified for regular employment. The general rule of
probationary employment states that it shall not exceed six months from when the
employee started working.

● Probationary employment can never last longer than six months unless it’s covered
by an apprenticeship agreement that stipulates an extended amount of time. After six
months, the probationary employee is no longer on probation and is considered a
regular employee.

2.)

Based on the case of San Miguel v.s Teodosio. There are two types of employees;
the first kind of regulars is usually people who are employed to execute actions that usually
are required or desired in the employer's ordinary business or trade, and the second kind of
regular employees are determined by their years of service which is at least a year.

3.)

There are three ways to attain regular employment. The first way is that an employee
has rendered service for more than one year, regardless of the service was continuous or
intermittent. The second way is that the employee is engaged in the necessary or desirable
activities in the usual business or trade of the employer. The last track is that if the
employee's probationary period has ended.

4.)

According to Labor Code Article 294, the definition of projected employment is when
a project employee has been fixed for a specific project or undertaking. Thus, the project's
termination or completion has been determined the very moment the employee is hired.

5.)

The Litmus test is used to determine an individual's project status established by the
duration of their employment, as well as the completion or termination date of the project at
the time of their engagement.

6.)

Casual employment is a type of employment wherein it’s neither regular, project, nor
seasonal. Casual employees are still entitled to all rights and privileges and the same duties
and obligations. Casual employment is not to exceed 12 months. Once an employee has
exceeded the 12-month duration, they are now considered a regular employee. However, if
the employer and employee agree to extend the probationary period of not being deemed
regular, it’s deemed possible in instances.

7.)

Based on the case, fixed-term employment is not restricted; it’s the instance of when
an employee’s work is for a certain amount of time and the contract can either be extended
or terminated. Under the current Labor Code, fixed-term employees encompass either (1)
nature seasonal or (2) specified projects with predetermined completion dates. It also
includes those to which the parties have assigned a specific termination date at their
discretion. Fixed-term contracts usually do not require employers to give notices of
termination. For that reason, these types of employees are not qualified within the separation
compensation.