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What is Security of Tenure?

What are the different kinds of employees?


What are regular employees?
When is an employee deemed regular?
May a part-time employee be deemed regular?
When shall a security guard be considered as a regular employee?
May a security guard be placed in a work pool or reserved status?
What are casual employees?
What is casual employment?
How can a casual employee become a regular employee?
What are probationary employees?
What is a probationary employment?
What is the duration of probationary employment?
What are the exceptions to the rule on the duration of probationary employment?
How can a probationary employee become a regular employee?
Other than the rendition of the probationary period, what are required for private school teachers
to acquire permanent (regular) status?
What are the grounds to terminate probationary employment?
What are the requirements to validly sever probationary employment based on the employee's
failure to qualify as a regular employee?
What are project employees?
What is project employment?
What is the principal test in determining whether particular employees are project employees?
What is a project in the context of project employment?
Who are non-project employees?
What is the Work-Pool principle?
When can project employee who is a member of a work pool acquire the status of a regular
employee?
What are seasonal employees?
What is seasonal employment?
Whar are the conditions for an employee to be considered a seasonal employee?
When can a seasonal employee become a regular employee?
What happens to the employment of seasonal employees during off-season?
What are fixed-term employees?
What is fixed-term employment?
When is there a valid fixed-term employment?
When may a fixed term employee become a regular employee?
What is contracting?
Who is a contractor?
What are the elements of legitimate contracting or subcontracting?
What is considered "substantial capital" for the purpose of compliance with legitimate
contracting?
What is the concept of "Trilateral Relationship"?
Who are the parties involved in a "Trilateral Relationship"?
What are the contracts required in a "Trilateral Relationship"?
What is labor-only contracting?
What is the rule regarding the liability of the parties in legitimate subcontracting and labor-only
contracting?
What are the differences between subcontracting and labor-only contracting?
What are the aspects of the two-fold due process requirements in the termination of an
employee?
What are the just cause for the termination of employment?
What is serious misconduct?
When may serious misconduct be a just cause for termination of employment?
What is insubordination?
What are the requisites of willful disobedienve or insubordination?
What is gross and habitual neglect?
What are the requisites of gross and habitual neglect of duties?
How can an unsatisfactory rating be a just cause for dismissal?
What is fraud and willful breach of trust?
When may fraud or willful breach of duty be a just cause for termination of employment?
When is there loss of confidence?
When may loss of confidence be a just cause for termination of employment?
Who are considered employees holding a position of trust and confidence?
When may the commission of a crime or offense be a just cause for termination of employment?
Is the conviction or acquittal of an employee in a criminal case required for the dismissal from
employment based on commission of crime or offense?
What constitutes analogous cases of just causes for termination of employment?
What is the Doctrine of Incompatibility?
What are the authorized causes for the termination of employment?
What is installation of labor-saving device?
When may installation of labor-saving device be a valid ground for termination of employment?
What is redundancy?
When may redundancy be a valid ground for termination of employment?
What is retrenchment?
When may retrenchment be a valid ground for termination of employment?
What is the "Last in, First out" Rule?
Distinguish Retrenchment from Redundancy.
What is closure?
When may closure be a valid ground for termination of employment?
When may disease be a valid ground for termination of employment?
In case the disease or illness of the employee may be cured within 6 months, what is the duty of
the employer?
Distinguish Authorized Causes of dismissal from Just Causes of dismissal.
What is the Two-Notice Rule under Procedural Due Process in Labor Cases?
What is the procedure to be followed after the first notice was given to the employee?
What are the requirements of due process on termination of employment based on authorized
causes?
What are the procedural rules on termination of employment due to disease?
What are the rules in the interplay of substantial and procedural due process requirement?
What is the contractual due process rules?
What are the consequences of failure to comply with contractual due process rule?
What happens if the termination of the employee was done withour observing substantive due
process?
What are the reliefs available to an employee upon finding that he was illegally dismissed?
What is reinstatement?
What are the forms and situations of reinstatement under the Labor Code?
What are the kinds of reinstatement?
What is the remedy if the position previously occupied is already filled by another employee?
What are backwages?
What are the components of backwages?
What is the reckoning period in computing backwages entitled to an illegally dismissed
employee?
Who are entitled to separation pay?
What is separation pay in lieu of reinstatement?
What are the instances where separation pay in lieu of reinstatement should be awarded?
What is the salary rate to be used in computing separation pay in lieu of reinstatement?
What are the rules on reinstatement of an illegally dismissed employee under the NLRC rules?
What is the Doctrine of Strained Relations?
What are the penalties imposed upon the employer for failure to observe procedural due
process?
What are the two concept of Attorney's Fees?
Does the availment of the free legal services offered by the Public Attorney's Office prevent the
award of attorney's fees to employees?
What is the rule with regards to the liability of corporate officers in illegal dismissal cases?
Who has the burden of proof in cases of illegal dismissal?
How may an employee terminate his employment?
What is resignation?
What are the requisites of a valid resignation?
May a resignation be withdrawn?
When is there constructive dismissal?
What is the test of constructive dismissal?
Who has the burden of proof in proving constructive dismissal?
What is the difference between resignation and constructive dismissal?
What constitutes abandonment of work?
What is the due process required in case an employee abandons their work?
What is preventive suspension?
What is the period of preventive suspension?
When is employment not deemed terminated as provided in Article 301 of the Labor Code?
What is the obligation of the employer on employees not deemed terminated?
When does floating status apply?
How long may an employee's floating status last?
What is retirement?
Who are entitled to retirement benefits under the Labor Code?
Who are exempted from the coverage of the Labor Code on retirement from service?
What are the kind of retirement schemes?
What are the situations where Article 302 of the Labor Code applicable?
What is the age requirement for the purpose of retirement?
What is the amount the retiring employee is entitled to under the Labor Code?

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