Day 2 - Atty. ALBURO - Understanding Law On Employer-Employee Relationship

Understanding the Law on Employer-Employee Relationship 23 March 2024
Topics
01 02 03 04
Social Equal Work Security of Four-Fold Test
Legislation Opportunities Tenure (Employer- Employee
Relationship)
for all
05 06 07
Kinds of Employee Rights Atypical and
Employees and Management Precarious Work
Prerogative
Atty. Alvin Liao Alburo, LL.M.
What is Social Legislation?
01 Laws designed to improve and protect the

economic and social position of those groups
in society which because of age, sex, race,
Social physical or mental defect or lack of economic

power, cannot achieve healthy and decent
living standards for themselves.
Legislation
Atty. Alvin Liao Alburo, LL.M. Atty. Alvin Liao Alburo, LL.M.
Page 1 of 41
What is Social Justice? What is Social Justice?

"Those that have less in life should have more in
• promotion of the welfare of all the law to give them a better chance at competing
people with those that have more in life.”
• the adoption by the Government of Accordingly, in case of doubt, laws should be

measures calculated to insure interpreted to favor the working class -- whether
in the government or in the private sector -- in
economic stability of all the competent order to give flesh and vigor to the pro-poor and
elements of society pro-labor provisions of our Constitution.
Philippine Ports Authority vs Commission on Audit, et al (G.R. No.
160396, September 6, 2005)
Is there any distinction between labor

Objectives of Social Legislation legislation and social legislation?
• Labor Legislation is limited in scope, and deals
• Each individual of the society has basically with the rights and duties of employees
to be given equal rights and equal and employers.
opportunities.
• Social Legislation is more encompassing and
• Social legislation aims to address includes such subjects as agrarian relations,
social problems through legislative housing and human settlement, protection of
means, and initiates process of women and children, etc.
social reform and social change
based on sound social rules. • All labor laws are social legislation, but not
all social legislation is labor law.
Page 2 of 41
The State shall promote full

02 employment and equality of
employment opportunities for all.
Equal Work
Opportunities Section 3, Art. XIII, 1987 Philippine Constitution
for all
RA 10911 or the Anti-Age Discrimination in RA 10911 or the Anti-Age Discrimination in

Employment Act. It is now unlawful for Employment Act. It is now unlawful for
Employers to Employers to
• Print or publish, or cause to be printed or published, in any • Discriminate against an individual in terms of
form of media, including the internet, any notice of compensation, terms and conditions or privileges of
advertisement relating to employment suggesting employment on account of such individual's age;
preferences, limitations, specifications, and discrimination • Deny any employee's or worker's promotion or
based on age; opportunity for training because of age;
• Require the declaration of age or birth date during the • Forcibly lay off an employee or worker because of old
application process; age; or
• Decline any employment application because of the
• Impose early retirement on the basis of such
individual's age
employee's or worker's age.
Page 3 of 41
EXCEPTIONS (Anti-Age Discrimination in Non-Discrimination

Employment Act)
In general, it is unlawful to discriminate with respect to terms and
• Age is a bona fide occupational qualification conditions of employment on account of:
reasonably necessary in the normal operation of a
particular business, or where the differentiation is (1) sex; (2) age; (3) marital status; (4) pregnant status; (5) solo
based on reasonable factors other than age; parent status; (6) disability; (7) mental health condition; (8)
ethnicity; (9) actual, perceived or suspected HIV status; (10)
• The intent is to observe the terms of a bona fide having tuberculosis; (11) having hepatitis B; (12) having cancer
seniority system that is not intended to evade the or being a cancer survivor (who is considered a person with
purposes of the law. disability); and (13) union membership.
Bona Fide Occupational Qualification

(“BFOQ”) Star Paper Corp. v. Rolando D. Simbol, et. al.
(G.R. No. 164774, April 12 , 2006)
The court stated that in order to justify a BFOQ, the employer

• Possible defense to a discrimination claim must prove two factors –
• A BFOQ would be valid provided it reflects an (1) that the employment qualification is reasonably related to
the essential operation of the job involved; and,
inherent quality reasonably necessary for
(2) that there is a factual basis for believing that all or
satisfactory job performance. substantially all persons NOT meeting the qualification
would be unable to properly perform the duties of the job.
Page 4 of 41
ARTICLE 294. Security of Tenure. — In cases of regular

employment, the employer shall not terminate the services of
an employee except for a just cause or when authorized by
03 the Labor Code. An employee who is unjustly dismissed
from work shall be entitled to
Security of a) reinstatement without loss of seniority rights and other

privileges and
Tenure b) his full backwages, inclusive of allowances, and
c) his other benefits or their monetary equivalent computed
from the time his compensation was withheld from him up to
the time of his actual reinstatement
Security of Tenure Security of Tenure

Every employee shall be assured security of tenure. No 1) Workers cannot be dismissed without just or authorized
employee can be dismissed from work except for a just or causes.
authorized cause, and only after due process.
2) Probationary employees shall be made regular after 6
Just cause refers to any wrongdoing committed by an months unless a different period is agreed.
employee; authorized cause refers to economic
circumstances that are not the employee’s fault. 3) It is the right of the employee to continue to work until
terminated for just or authorized cause as provided by law.
Page 5 of 41
Termination by Employer Substantive Due Process

Requisites for validity JUST CAUSES
ARTICLE 297. Termination by Employer. — An employer may
a) Substantive — Just or Authorized Causes; terminate an employment for any of the following causes:
b) Procedural — Twin Notice + Ample a) Serious misconduct or willful disobedience by the employee
opportunity to be heard and defend himself of the lawful orders of his employer or representative in
(Sec 5. Rule I-A. Book VI. Omnibus Rules) connection with his work;
b) Gross and habitual neglect by the employee of his duties;
c) Fraud or willful breach by the employee of the trust reposed
in him by his employer or duly authorized representative;
Substantive Due Process SERIOUS MISCONDUCT

JUST CAUSES
ARTICLE 297. Termination by Employer. — An 1. There must be misconduct;
employer may terminate an employment for any of 2. The misconduct must be of such grave and
the following causes: aggravated character;
3. It must relate to the performance of the
d) Commission of a crime or offense by the employee's duties; AND
employee against the person of his employer or 4. There must be showing that the employee
any immediate member of his family or his duly becomes unfit to continue working for the
authorized representatives; and employer. (Sec 5.2[a]. Rule I-A. Book VI)
e) Other causes analogous to the foregoing.
Page 6 of 41
SERIOUS MISCONDUCT WILLFUL DISOBEDIENCE OR

INSUBORDINATION
Sterling Paper Products Enterprises Inc. vs KMM Katipunan, et al
(G.R. No. 221493, August 02, 2017)
• In Asian Design and Manufacturing Corporation v. Deputy Minister of
1. There must be disobedience or insubordination;
Labor, the dismissed employee made false and malicious statements 2. The disobedience or insubordination must be
against the foreman (his superior) willful or intentional characterized by a wrongful
• In Reynolds Philippines Corporation v. Eslava, the dismissed employee
circulated several letters to the members of the company’s board of
and perverse attitude;
directors calling the executive vice-president and general manager a "big 3. The order violated must be reasonable, lawful,
fool," "anti-Filipino". and made known to the employee; and
• Accusatory and inflammatory language used by an employee
towards his employer or superior can be a ground for dismissal or 4. The order must pertain to the duties which he has
termination. been engaged to discharge. (Sec 5.2[b]. Rule I-A. Book VI)
WILLFUL DISOBEDIENCE OR WILLFUL DISOBEDIENCE OR

INSUBORDINATION INSUBORDINATION
Mamaril vs Red System Company, Inc. et al Mamaril vs Red System Company, Inc. et al
(G.R. No. 229920, July 04, 2018) (G.R. No. 229920, July 04, 2018)
Mamaril was validly dismissed on account of his willful disobedience of Notably, Mamaril violated Red System's safety rules twice, and
caused damage amounting to over Php 40,000.00. To make matters
the lawful orders of Red System. Red System was not remiss in worse, he even deliberately and willfully concealed his transgressions. Such
reminding its drivers of the importance of abiding by their safety flagrant violation of the rules, coupled with the perversity of concealing the
regulations. To ensure a strict observance of the rules, the company incidents, patently show a wrongful and perverse mental attitude rendering
required its drivers to attend various safety seminars, in addition to a Mamaril 's acts inconsistent with proper subordination. Indubitably, this shows
mandated pre-employment orientation. that Mamaril was indeed guilty of willful disobedience of Red System's lawful
orders.
Page 7 of 41
GROSS AND HABITUAL GROSS AND HABITUAL

NEGLECT OF DUTY NEGLECT OF DUTY
Alaska Milk Corporation vs Ponce (G.R. No. 228412, July 26,
2017)
1. There must be neglect of duty; and
Whether or not Ponce was guilty of gross and habitual neglect of
2. The negligence must be both gross and duties.
habitual in character.
NO. Neglect of duty, to be a ground for dismissal, must be both
(Sec 5.2[c]. Rule I-A. Book VI) gross and habitual. Gross negligence implies a want or absence
of or failure to exercise even slight care or diligence, or the entire
absence of care. It evinces a thoughtless disregard of
consequences without exerting any effort to avoid them.
GROSS AND HABITUAL FRAUD OR WILLFUL

NEGLECT OF DUTY BREACH OF TRUST
Alaska Milk Corporation vs Ponce (G.R. No. 228412, July 26,
2017) Fraud refers to any act, omission, or concealment which
involves a breach of legal duty, trust or confidence justly
Habitual neglect implies repeated failure to perform one's duties for a period of
time, depending upon the circumstances. Fault cannot rest upon Ponce's
reposed, and is injurious to another. (Sec 4[i]. Rule I-A. Book VI)
shoulders alone, inasmuch as satisfactory completion of the assigned tasks was
subject to an interplay of factors beyond his sole control. Loss of Confidence refers to a condition arising from fraud
AMC proffered nothing beyond bare allegations to prove that failure to implement or willful breach of trust by an employee of the trust
the projects/improvements was occasioned by gross neglect on the part of Ponce. reposed in him by his employer or his duly authorized
The fact that Ponce admitted to having been delayed in some of the tasks
assigned to him does not establish gross and habitual neglect of duties.
representative.
Page 8 of 41
FRAUD OR WILLFUL FRAUD OR WILLFUL

BREACH OF TRUST BREACH OF TRUST
There are two (2) classes of positions of trust. Requisites of Fraud
1. The first class consists of managerial employees, or those 1. There must be an act, omission, or concealment;
vested with the power to lay down management policies; and
2. The act, omission or concealment involves a breach of
legal duty, trust, or confidence justly reposed;
2. The second class consists of cashiers, auditors, property
custodians or those who, in the normal and routine exercise of 3. It must be committed against the employer or his/her
their functions, regularly handle significant amounts of representative; and
money or property. 4. It must be in connection with the employee’s work. (Sec
5.2[d]. Rule I-A. Book VI)

Requisites of Breach of Trust Requisites of Loss of Confidence
1. There must be an act, omission or concealment;

1. The employee holds a position of trust and 2. The act, omission or concealment justifies the loss of trust and confidence of
the employer to the employee;
confidence;
3. The employee concerned must be holding a position of trust and
2. There exists an act justifying the loss of trust and confidence;
confidence; 4. The loss of trust and confidence should not be simulated;
5. It should not be used as a subterfuge for causes which are improper, illegal,
3. The employee’s breach must be willful; or unjustified; and
4. The act must be in relation to his work which would 6. It must be genuine and not a mere afterthought to justify an earlier action
render him unfit to continue. taken in bad faith. (Sec 5.2[e]. Rule I-A. Book VI)
Page 9 of 41

Alaska Milk Corporation vs Ponce (G.R. No. 228412, July 26, 2017) Alaska Milk Corporation vs Ponce (G.R. No. 228412, July 26, 2017)
Whether or not Ponce can be terminated for loss of trust and confidence.
It is undisputed that Ponce held the position of Director for
YES. As regards a managerial employee, the mere existence of a basis for Engineering Services and that he was in charge of managing
believing that such employee has breached the trust of his employer would suffice
for his dismissal. Hence, in the case of managerial employees, proof beyond AMC's Engineering Department. Hence, he belongs to the first
reasonable doubt is not required, it being sufficient that there is some basis for class of employees who occupy a position of trust and
such loss of confidence, such as when the employer has reasonable ground confidence.
to believe that the employee concerned is responsible for the purported
misconduct, and the nature of his participation therein renders him unworthy of the
trust and confidence demanded by his position.
FRAUD OR WILLFUL COMMISSION OF A CRIME

BREACH OF TRUST By the employee against the person of his employer or
his immediate family or authorized representatives
Alaska Milk Corporation vs Ponce (G.R. No. 228412, July 26, 2017)
The Court rules that his dismissal from employment is justified. First, 1. There must be an act or omission punishable/prohibited
The opening sentence of Ponce's R/A e-mail readily exposes the by law; and
attendant willfulness in his act. Second, the act of soliciting receipts from 2. The act or omission was committed by the employee against
colleagues constitutes dishonesty, inimical to AMC's interests, for the the person of
simple reason that Ponce would be collecting receipted allowance from a. employer,
expenses he did not actually incur. Third, the R/A e-mail betrays a truly b. any immediate member of his/her family, or
sinister purpose which AMC had a right to guard against.
c. his/her duly authorized representative. (Sec 5.2[f]. Rule I-A.
Book VI)
Page 10 of 41
ANALOGOUS CASES ANALOGOUS CASES

Mehitabel Inc. vs. Alcuizar (G.R. Nos. 228701-02, December 13, 2017) Mehitabel Inc. vs. Alcuizar (G.R. Nos. 228701-02, December 13, 2017)
Whether or not Alcuizar was dismissed by Mehitabel. Whether or not Alcuizar abandoned his employment.
NO. His assertion that Arcenas instructed him to turnover his functions to
YES. Mehitabel issued a Return to Work order to respondent,
Enriquez remains to be a naked claim. We find more credible petitioner's
which the latter received through registered mail. This
assertion that said publications were made through sheer inadvertence,
and that the vacancy is actually for the position of Purchasing Officer, circumstance bears more weight and effectively negates
rather than Purchasing Manager. respondent's self-serving asseveration that he was dismissed from
employment.
Alcuizar was informed of the error committed, and that it was made clear
to him that he was never terminated from service at that time in spite of his
poor performance.
ANALOGOUS CASES ANALOGOUS CASES

Mehitabel Inc. vs. Alcuizar (G.R. Nos. 228701-02, December 13, 2017) Mehitabel Inc. vs. Alcuizar (G.R. Nos. 228701-02, December 13, 2017)
Respondent's non-compliance with the directive in the Respondent cannot harp on the fact that he filed a complaint
Return to Work to Our mind, signifies his intention to sever for illegal dismissal in proving that he did not abandon his
the employment relation with petitioner, and gives credence post, for the filing of the said complaint does not ipso facto
to the latter's claim that it was respondent who abandoned foreclose the possibility of abandonment. It is not the sole
his job. indicator in determining whether or not there was desertion,
and to declare as an absolute that the employee would not
have filed a complaint for illegal dismissal if he or she had
not really been dismissed is non sequitur.
Page 11 of 41
ANALOGOUS CASES Substantive Due Process

Mehitabel Inc. vs. Alcuizar (G.R. Nos. 228701-02, December 13, 2017) AUTHORIZED CAUSES
It can be gathered that respondent's departure was merely a ARTICLE 298. Closure of Establishment and Reduction of
precursor to his scheme to turn the table against petitioner. Personnel. The employer may also terminate the
Realizing that his employment was at serious risk due to his employment of any employee due to
habitual neglect of his duties, respondent jumped the gun on 1. the installation of labor-saving devices,
petitioner by lodging a baseless complaint for illegal dismissal even 2. redundancy,
though it was he who abandoned his employment. 3. retrenchment to prevent losses or
4. the closing or cessation of operation of the establishment or
undertaking
xxx xxx xxx
Authorized Causes Authorized Causes

COMMON REQUISITES
1. Good faith;
2. Termination is matter of last resort;
3. Two (2) Separate notices served on the affected EE and DOLE
Redundancy exists when "the services of an
ONE MONTH prior to intended date of termination; employee are in excess of what is reasonably
4. Separation pay;
a. Installation of labor saving Device or Redundancy = 1 month pay or demanded by the actual requirements of the
at least 1 month pay for every year of service whichever is higher; enterprise.”
b. Retrenchment or closure not due to serious losses = 1 month pay or
at least 1/2 month pay for every year of service whichever is higher;
c. Closure due to serious losses = NONE.
d. CBA provision shall prevail.
5. Fair and reasonable criteria
Page 12 of 41
Authorized Causes
Retrenchment or downsizing is a mode of terminating
Installation of Labor-
employment initiated by the employer through no fault of Saving Devices
the employee and without prejudice to the latter, resorted to
Redundancy Last-in
by management during periods of business recession,
industrial depression or seasonal fluctuations or during lulls First-out
Retrenchment or
over shortage of materials. It is a reduction in manpower, a
Downsizing
Rule
measure utilized by an employer to minimize business
losses incurred in the operation of its business.
Just Cause Authorized

Retrenchment Closure Cause
Sufficient proof No need to The employee is Fault The employee is

of losses prove losses for dismissed for dismissed for
as long as it was causes which are causes
not done in bad attributable to his independent of his
fault or culpability fault or culpability
faith
Page 13 of 41
Just Cause Authorized Just Cause Authorized

Cause Cause
Separation Pay Notice and Hearing
Must be given Written notice to both the

Not entitled to Entitled to ample opportunity to employee and the
separation pay Separation be heard and to Regional Office of DOLE
Pay defend himself for at least 30 days before
the effectivity of the
termination.
DISEASE as ground for termination PROCEDURAL DUE PROCESS
To be a valid ground for termination, the following must be Termination of Employment Based on Just Causes.
present: Article 297 of the Labor Code - the requirement of two written
notices served on the employee shall observe the following:
1. The employee must be suffering from any disease;
2. The continued employment of the employee is prohibited by a) The first written notice should contain:
law or prejudicial to his/her health as well as to the health of
his/her co-employees; and 1. The specific causes or grounds for termination as provided for
3. There must be certification by a competent public health under Article 297 of the Labor Code, as amended, and company
authority that the disease is incurable within a period of six policies, if any;
(6) months even with proper medical treatment.
Page 14 of 41
PROCEDURAL DUE PROCESS PROCEDURAL DUE PROCESS
a) The first written notice should contain:

“Reasonable period" should be construed as a
2. Detailed narration of the facts and circumstances that will serve period of at least five (5) calendar days from receipt
as basis for the charge against the employee. A general of the notice to give the employee an opportunity to
description of the charge will not suffice; and study the accusation, consult or be represented by a
2. A directive that the employee is given opportunity to submit a lawyer or union officer, gather data and evidence,
written explanation within a reasonable period. and decide on the defenses against the complaint.
PROCEDURAL DUE PROCESS PROCEDURAL DUE PROCESS

"Ample opportunity to be heard" means any meaningful
opportunity given to the employee to answer the charges
b) After serving the first notice, the employer against him and submit evidence in support of his defense,
whether in a hearing, conference or some other fair, just and
should afford the employee ample opportunity
reasonable way.
to be heard and to defend himself with the
assistance of his representative if he so desires. A formal hearing or conference becomes mandatory only –
1. when requested by the employee in writing or

2. substantial evidentiary disputes exist or a company rule or
practice requires it, or
3. when similar circumstances justify it.
Page 15 of 41
PROCEDURAL DUE PROCESS Burden of Proof The burden of proving

that the termination of an
c) After determining that termination of employment is employee was for a just
justified, the employer shall serve the employee a written or authorized cause lies
notice of termination indicating that:
with the EMPLOYER.
1. all circumstances involving the charge against the
employee have been considered; and BUT The employee must first establish by
substantial evidence the fact of his
2. the grounds have been established to justify the
severance of his employment. dismissal from service.
EFFECT Reinstatement without loss

of seniority rights.
OR
If employer failed Dismissal is

Separation Pay
to discharge the illegal Full Backwages

burden:
Damages and
Attorney’s Fees
Page 16 of 41
Backwages
● Paid by the employer as part of the price or EFFECT
penalty he has to pay for illegally dismissing
his employees. WITH JUST Nominal
● Dismissed employee’s ability to earn, CAUSE
irrelevant in the award of damages. Damages
● Employer’s offer to reinstate does nor forestall No Due
payment of full backwages. Process
● Separation pay cannot be paid in lieu of
backwages.
Nominal Damages How much? Prescriptive Period

Cause Amount ART. 306. [291] Money Claims (Labor Code)– All money
If dismissal is based on a just cause Php 30,000 claims arising from employer-employee relations accruing
but the employer failed to comply with during the effectivity of this Code shall be filed within
the twin-notice requirement
three (3) years from the time the cause of action accrued;
If the dismissal is due to an Php 50,000
otherwise they shall be forever barred.
authorized cause under Article 298 of
the Labor Code but the employer
failed to comply with the notice Article 1146 of the Civil Code of the Philippines governs
requirement complaints for illegal dismissal. Under Article 1146, an
Deoferio vs. Intel Tech. Phil. Inc., G.R. No. 202996, June 18, 2014 action based upon an injury to the rights of a plaintiff must
be filed within four years.
Page 17 of 41
70
Employer-Employee Relationship
04 Its existence is a question of law and fact. Its

determination is important to ascertain if the Labor
Code is to be applied in settling the issues and
Four-Fold Test disputes between the parties.
Employer-
If indeed there is an ER-EE relationship, the Labor
Employee Code applies and the Labor Tribunals have
Relationship jurisdiction. Otherwise, the case goes to regular courts
applying other laws, i.e. the Civil Code.
72
Employer-Employee Relationship Employer-Employee Relationship
The employment status of a person is Substantial evidence is sufficient in

defined and prescribed by law and not establishing the existence of
by what the parties say it should be. It ER-EE Relationship.
can not be negated by expressly
repudiating it in a contract.
Page 18 of 41
Employer-employee relationship Who is an EMPLOYEE?

Any competent and relevant evidence to prove the relationship may
be admitted. Identification cards, cash vouchers, social security THE FOUR-FOLD TEST
registration, appointment letters or employment contracts, payrolls,
organization charts, and personnel lists, serve as evidence of Selection and
Payment of
employee status. These pieces of evidence are readily available, as Engagement of
wages
they are in the possession of either the employee or the employer; Employee
and they may easily be looked into xxx when confronted with the
question of the existence or absence of an employer-employee
relationship.
Power of Power of
dismissal control
(Meteoro et al vs. Creative Creatures, Inc. G.R. No. 171275, July 13, 2009)
THE FOUR-FOLD TEST THE FOUR-FOLD TEST
Who exercises the

Selection and
power to hire or
Engagement of Who pays the
engage the services
Employee wages of the Payment of wages
of the worker?
workers?
Page 19 of 41
THE FOUR-FOLD TEST THE FOUR-FOLD TEST
Who has the power to

Who has the power control not only the end to
to discipline or the be achieved but also the
Power of discretion to means and the manner to Power of control
dismissal terminate the be used in reaching that
employment of the end?
worker?
CONTROL TEST
● Some businessmen, however, try to avoid an employer-employee
relationship from arising in their enterprises, because that juridical
relation spawns obligations connected with workmen’s
compensation, social security, separation pay, and unionism. In the case of the petitioners, the Court found that all four factors in the four-fold
test were present.
● The most important index of an employer-employee relationship is
the so-called "control test," that is, First, petitioners were directly employed by Lazada as evidenced by the Contracts
they signed.
○ whether the employer controls or has reserved the right to Second, as indicated in the Contract, they received their salaries from Lazada
control the employee, not only as to the result of the work to be which paid each of them the amount of P1,200.00 for each day of service.
done, but also as to the means and methods by which the same
is to be accomplished.
Page 20 of 41
Third, Lazada had the power to dismiss the petitioners. In their contract,
Lazada could immediately terminate the agreement if there was a breach
In addition, the Court held that the services performed
of material provisions of the Contract.
by the petitioners were integral to Lazada’s business,
Finally, Lazada had control over the means and methods of the with the delivery of items clearly integrated in the
performance of the work of the petitioners, as reflected in the way they
carried out their work. Lazada required the accomplishment of a route
services offered by Lazada.
sheet which kept track of the arrival, departure, and unloading time of the
items. The petitioners also risked a penalty of P500.00 if an item was lost, Ditiangkin et al vs. Lazada E-Services Philippines Inc et al (G.R.
on top of its actual value. They were also required to submit trip tickets No. 246892, Sept. 21, 2022)
and incident reports to Lazada.
05 Regular Project
Seasonal Casual
KINDS OF
EMPLOYEES
Fixed-Term Probationary
Page 21 of 41
ARTICLE 295
ART. 295. [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
1 Regular Employment
been determined at the time of the engagement of the employee or where the work Types of Regular Employment:
or service to be performed is seasonal in nature and the employment is for the
duration of the season.
1. As to nature of work
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
2. As to length of service
employee with respect to the activity in which he is employed and his employment
shall continue while such activity exists.
As to nature of work As to length of service
- An employment shall be deemed to – Any employee who has rendered at

be regular where the employee has least one (1) year of service, whether
been engaged to perform activities such service is continuous or broken,
which are usually necessary or shall be considered a regular employee
desirable in the usual business or with respect to the activity in which he is
employed and his employment shall
trade of the employer.
continue while such activity exists.
Page 22 of 41
Tests to Determine Regular Employment:

3 Ways of Attaining
Regular Employment 1. The primary standard of determining
regular employment is the reasonable
connection between the particular activity
performed by the employee to the usual
1.By nature of work trade or business of the employer.
2.By period of service
3.By probationary employment • The connection can be determined by
considering the nature of the work
performed and its relation to the scheme of
the particular business or trade in its entirety
It is more in keeping with the intent and spirit of the law to rule
2. The performance of a job for at least a year is that the status of regular employment attaches to the casual
sufficient evidence of the job’s necessity if not worker on the day immediately after the end of his first year of
indispensability to the business. service.
To rule otherwise, and to instead make their regularization

• This is the rule even if its performance is not dependent on the happening of some contingency or the
continuous and merely intermittent. The fulfillment of certain requirements, is to impose a burden on the
employment is considered regular, but only with employee which is not sanctioned by law.
respect to such activity and while such activity
Kay Products, Inc. v. Court of Appeals, G.R. No. 162472, July
exists.
28, 2005
Page 23 of 41
Some Principles on Regular Employment

Clearly, therefore, the nature of the employment does not
• Law presumes regularity of employment. depend solely on the will or word of the employer or on the
• No declaration or appointment paper necessary to procedure for hiring and the manner of designating the
make one a regular employee. employee. Rather, the nature of the employment depends on
the nature of the activities to be performed by the employee,
• Regularization is not a management prerogative.
considering the nature of the employer’s business, the
• It is a mandate of the law. duration and scope to be done, and in some cases, even the
• Written or oral agreement is immaterial to length of time of the performance and its continued
determine regularity of employment. existence.
• Manner and method of payment of wage or salary (Universal Robina Sugar Milling Corporation v. Acibo, G.R.
is immaterial to the issue of whether the employee No. 186439, January 15, 2014)
is regular or not.
In ABS-CBN Broadcasting Corporation v.

Nazareno, G.R. No. 164156, September 26, 2006 it
was ruled: The presumption is that when the work
done is an integral part of the regular business of the
2 Project Employment
employer and when the worker, relative to the

Project Employees are those hired:
employer, does not furnish an independent business
or professional service, such work is a regular 1. For a specific project or undertaking;
employment of such employee and not an 2. The completion or termination of such
independent contractor. project has been determined at the
time of their engagement.
Page 24 of 41
• Employers claiming that their workers are

project employees should not only prove that
the duration and scope of the employment
was specified at the time they were Where the employment of a project
engaged, but also that there was indeed a employee is extended long after the
“Project”. supposed project has been finished,
the employees are removed from the
• The project must be distinct, separate and scope of project employees and
identifiable from the main business of the considered as regular employees.
employer, and its duration must be
determined or determinable.
Two requirements, therefore, clearly need to be A project employee is assigned to a project

satisfied to remove the engagement from the which begins and ends at determined or
presumption of regularity of employment,
determinable times. Unlike regular employees
namely:
who may only be dismissed for just and/or
(1) designation of a specific project or authorized causes under the Labor Code, the
undertaking for which the employee is hired;
services of employees who are hired as "project
and
employees" may be lawfully terminated at the
(2) clear determination of the completion or completion of the project.
termination of the project at the time of the
Omni Hauling Services, Inc. v. Bon, G.R. No. 199388,
employee's engagement. (See Violeta v. NLRC, 345
Phil. 762, 771 [1997])
September 3, 2014
Page 25 of 41
A project employee or a member of a work pool

Hence, even though the absence of a written contract may acquire the status of a regular employee when
does not by itself grant regular status to respondents, such a
contract is evidence that respondents were informed of the the following concur:
duration and scope of their work and their status as project 1) There is a continuous rehiring of project
employees. employees even after cessation of a project; and
In this case, where no other evidence was offered, the 2) The tasks performed by the alleged project
absence of an employment contract puts into serious question employee are vital, necessary and indispensable
whether the employees were properly informed at the onset of to the usual business or trade of the employer.
their employment status as project employees.
Omni Hauling Services, Inc. v. Bon, G.R. No. 199388,
September 3, 2014 GMA Network, Inc. v. Pabriga, G. IL No. 176419, November
27, 2013
What is a project? What is a project?

As discussed above, the project could either be
Thus, in order to safeguard the rights of workers
against the arbitrary use of the word "project" to (1)a particular job or undertaking that is within the
prevent employees from attaining the status of regular or usual business of the employer
regular employees, employers claiming that their company, but which is distinct and separate, and
workers are project employees should not only
identifiable as such, from the other undertakings
prove that the duration and scope of the
employment was specified at the time they were
of the company; or
engaged, but also that there was indeed a project.
(2)a particular job or undertaking that is not within
the regular business of the corporation.
Page 26 of 41
What is a project?
3 Seasonal Employment
As it was with regard to the distinction

between a regular and casual employee, Employment where the job, work or service to be
performed is seasonal in nature and the
the purpose of this requirement is to
employment is for the duration of the season.
delineate whether or not the employer is in
constant need of the services of the An employment arrangement where an employee is
specified employee. engaged to work during a particular season on an
activity that is usually necessary or desirable in the
usual business or trade of the employer.
Casual Employment
4 Casual Employment
Where an employee is engaged to
perform a job, work or service which is
It is an employment where the employee is
engaged in an activity which is not usually merely incidental to the business of the
necessary or desirable in the usual business or employer and such job, work or service
trade of the employer, provided such employment
is neither Project nor Seasonal. is for a definite period made known to
the employee at the time of the
He performs only an incidental job in relation to engagement.
the principal activity of the employer.
Page 27 of 41
5
Fixed-Term Employment
Some Principles on Fixed-Term Employment
Fixed term employment is an employment
where a fixed period of employment was Fixed- term employment is valid even if duties
agreed upon: are usually necessary or desirable in the
employer’s usual business or trade.
1. Knowingly and voluntarily by the parties;
Notice of termination is not necessary in fixed-
2. Without any force, duress or improper term employment.
pressure being brought to bear upon the
employee and business of employer.
The indispensability or desirability of the activity performed
by the employee will not preclude the parties from entering
into an otherwise valid fixed term employment agreement. Some Principles on Fixed-Term Employment
A definite period of employment does not essentially • Employee is deemed regular if contract failed to
contradict the nature of the employees duties as state the specific fixed period of employment.
necessary and desirable to the usual business or trade of • Employees allowed to work beyond fixed term
the employer. becomes regular employees.
• Termination prior to lapse of fixed- term contract
Brent School, Inc. v. Zamora, 260 Phil. 747 (1990) should be for a just or authorized cause.
Page 28 of 41
Fixed-Term vs Project Employment

CRITERIA FOR A FIXED-TERM EMPLOYMENT
• Project employment should not be confused and
1. Must not be entered merely to circumvent the EE’s right
to security of tenure; interchanged with fixed-term employment: While
2. The fixed period was knowingly and voluntarily agreed the former requires a project as restrictively
upon without any force, duress or improper pressure defined above, the duration of a fixed-term
and absent any other circumstances vitiating consent; employment agreed upon by the parties may be
3. Must satisfactorily appear that the ER and EE dealt with any day certain, which is understood to be "that
each other on more or less equal terms with no moral which must necessarily come although it may not
dominance exercised by the former to the latter. be known when."
Fixed-Term vs Project Employment

6 Probationary Employment
One who for a given period of time, is on

• The decisive determinant in fixed-term observation, evaluation and trial by an employer
employment is not the activity that the employee during which the employer determines whether or
not he/she is qualified for permanent employment.
is called upon to perform but the day certain
agreed upon by the parties for the Purpose of the Probation Period:
commencement and termination of the - to afford the employer an opportunity to observe
employment relationship. The decisive the fitness of a probationary employee at work.
determinant in project employment is the activity
that the employee is called upon to perform. Period of Probationary Employment: not to
exceed 6 months
Page 29 of 41
Probationary Employment NOTES to consider regarding

probationary employment
Except:
1. The ceiling is 6 months. It can be shortened by
1. Voluntary agreement of parties; agreement.
2. When the nature of work to be performed by the 2. If the employee is not apprised of the STANDARDS
employee requires longer period; that he must meet in order to hurdle probation, then
3. When longer period is required and established by
he is deemed regular after 6 months.
company policy
4. The employer gives the employee a second chance to 3. Period of probation is for the benefit of both ER and
pass the standards set. EE.
The extension of period should always be reasonable; such 4. Limited security of tenure which means a
that, the nature of the work so requires and that it is the probationary cannot be terminated within the period
amount of time required for an ordinary worker to learn the except for cause.
job.
NOTES to consider regarding

probationary employment Limitations to termination of probationary
EE
5. The computation of the 6 month period of
probation is reckoned from the date of a) Must be exercised in accordance with
appointment up to the same calendar date of contract;
the 6th month following. b) Must be within prescribed time and form;
c) Employer’s dissatisfaction must be real and
6. Reasonable standards in good faith, not feigned so as to circumvent
a) Work initiative; the contract or the law;
b) Quality of work; d) There must be no unlawful discrimination.
c) Discipline.
Page 30 of 41
When probationary EE considered regular?
a. Allowed to continue work beyond probationary

period;
06
b. NO evaluation conducted and no basis for
termination; presumed to have been Employee Rights
satisfactorily complied;
c. Proby NOT informed of the standards and Management
required to qualify as regular EE; Prerogative
d. EE successfully passes the period of
probation.
Basic Rights of Workers Rights of Management

1.Security of Tenure
2.Hours of Work 1.Right to control terms of employment
3.Weekly Rest Day 2.Right to contract out jobs
4.Wage and Wage-Related Benefits
5.Payment of Wages 3.Right to negotiate and modify a CBA
6.Employment of Women 4.Right to make and enforce rules of conduct and
7.Safe and Healthful Conditions of Work and Welfare Services lawful orders
8.Self-Organization and Collective Bargaining 5.Right to dismiss or separate employees
9.Labor Education Through Seminars 6.Right to suspend operations
10. Peaceful Concerted Activities in Accordance with Law
11.Participation in Policy and Decision Making Processes Affecting 7.Right to retire employees
their Rights and Benefits
12.ECC Benefits for Work-Related Contingencies
Page 31 of 41
2. Constitutional and Civil Law 2. Constitutional and Civil Law

Foundations of Labor Laws Foundations of Labor Laws
A. Objective of Labor Laws B. Art. 13, 1987 Constitution
SECTION 3. The State shall afford full protection to labor, local
ART. 3. Declaration of Basic Policy. – The State shall afford and overseas, organized and unorganized, and promote full
protection to labor, promote full employment, ensure equal work employment and equality of employment opportunities for all.
opportunities regardless of sex, race or creed, and regulate the
relations between workers and employers. The State shall assure It shall guarantee the rights of all workers to self-organization,
the rights of workers to self-organization, collective bargaining, collective bargaining and negotiations, and peaceful concerted
security of tenure, and just and humane conditions of work. activities, including the right to strike in accordance with law.
(Labor Code) They shall be entitled to security of tenure, humane conditions
of work, and a living wage. They shall also participate in policy
and decision-making processes affecting their rights and
benefits as may be provided by law.

B. Art. 13, 1987 Constitution C. Private Enterprise – Art. XII, Section 1
The State shall promote the principle of shared responsibility In the pursuit of these goals, all sectors of the economy and all
between workers and employers and the preferential use of regions of the country shall be given optimum opportunity to
voluntary modes in settling disputes, including conciliation, and develop. Private enterprises, including corporations, cooperatives,
shall enforce their mutual compliance therewith to foster and similar collective organizations, shall be encouraged to
industrial peace. broaden the base of their ownership.
The State shall regulate the relations between workers and

employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns on investments, and to expansion and growth.
Page 32 of 41

C. Private Enterprise – Art. XII, Section 6 C. Private Enterprise – Art. II, Section 20
SECTION 6. The use of property bears a social function, and all SECTION 20. The State recognizes the indispensable role of the
economic agents shall contribute to the common good. Individuals private sector, encourages private enterprise, and provides
and private groups, including corporations, cooperatives, and incentives to needed investments.
similar collective organizations, shall have the right to own,
establish, and operate economic enterprises, subject to the duty of
the State to promote distributive justice and to intervene when the
common good so demands.

E. Right to Manage What is Management Prerogative?
By management prerogative is meant the right of an employer to regulate all
i. Article 218, Labor Code aspects of employment, such as the freedom to prescribe work assignments,
working methods, processes to be followed, regulation regarding transfer of
employees, supervision of their work, lay-off and discipline, and dismissal and recall
B. To encourage a truly democratic method of regulating the of workers.
relations between the employers and employees by means of
agreements freely entered into through collective bargaining, Management Prerogative is NOT absolute and is subject to limitations imposed by
law, collective bargaining agreement, and general principles of fair play and justice.
no court or administrative agency or official shall have the
power to set or fix wages, rates of pay, hours of work or other Peter Lagamayo vs. Cullinan Group Inc and Rafael Florencio, G.R. No. 227718.
terms and conditions of employment, except as otherwise November 11, 2021
provided under this Code.
Page 33 of 41

What is Management Prerogative?
F. Labor Law as Civil Law
The exercise of management prerogative cannot be utilized
to circumvent the law and public policy on labor and social Article 19. Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone
justice. That prerogative accorded management could not
his due, and observe honesty and good faith.
defeat the very purpose for which our labor laws exist: to Article 20. Every person who, contrary to law, wilfully or
balance the conflicting interests of labor and management, negligently causes damage to another, shall indemnify the
not to tilt the scale in favor of one over the other, but to latter for the same.
guaranty that labor and management stand on equal footing Article 21. Any person who wilfully causes loss or injury to
when bargaining in good faith with each other. another in manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damage.
Philippine Airlines, Inc. vs. Pascua et al. G.R. No. 143258, August
15, 2003 Atty. Alvin Liao Alburo, LL.M. Atty. Alvin Liao Alburo, LL.M.
Normal work = permanent and full employment
07 Every work situation which differs from this definition is

considered atypical.
Atypical work like temporary agency work or nonpermanent

Atypical and part-time work could, for example, serve as a starting point
Precarious Work for a stable working situation and could therefore not
automatically be defined as precarious work.
Page 34 of 41
Atypical employment is any job that is not a traditional Flexible Workforce

nine-to-five job. This can include jobs that are part-time,
temporary, or contract-based. Atypical employment can • Non-Standard Employment
also refer to jobs that are outside of the traditional • Non-Regular Employment
workforce, such as gig work or freelance work.
• Work that falls outside the scope of a standard
Precarious work means employment that involves
instability, lack of labor protection, insecurity, and social employment relationship — understood as being
and/or economic vulnerability. work that is full- time indefinite employment.
Non-Standard Employment /
Non-Regular Employment Under Article 295 of the Labor
• Temporary
Code, non-regular employees are
• It includes project or task-based contracts, as well the project employee and the
as seasonal, casual, or fixed- term work seasonal employee.
• Because of its temporariness, it is a form of
subordinate employment relationship.
Page 35 of 41
Types of Non- Period/ Term

Regular Employees Non-regular employees also enjoy security of
Contractual/Project- Specific duration or date/ tenure although holding a subordinate position
Based phase of work vis-à-vis regular employees; they remain secure
Seasonal End of the season in their employment at least during the period of
their contract of employment (Labajo and San
Casual Existence of activity Andres High School of Maramag, Inc. v. Alejandro,
Term or Fixed period Fixed period or a day 1988;A.M. Oreta & Co., v. NLRC, 1989)
employment certain
The law allows contracting or subcontracting

Usually, the employer relates with the
employees in a bilateral relationship, each
The practice of contracting out of services is permitted under
with concomitant rights, duties, and liabilities. Articles 106-109 of the Labor Code.
However, non- regular employment is now ART. 106. Contractor or Subcontractor. 90 – Whenever an
being utilized increasingly in a trilateral employer enters into a contract with another person for the
arrangement between the employee, the performance of the former’s work, the employees of the
contractor and of the latter’s subcontractor, if any, shall be
subcontractor, and the main contractor.
paid in accordance with the provisions of the Labor Code.
Page 36 of 41
The law allows contracting or subcontracting What is not allowed?
Labor-Only Contracting
Basic Principles:
It refers to an arrangement where the contractor or
1. To contract out services is an exercise of management subcontractor merely recruits, supplies or places workers to
prerogative and business judgment perform a job or work for a principal, and the elements
enumerated in Section 5 of DOLE Department Order 174-17
2. It is premised on the constitutional right of employers to are present.
property
DOLE Department Order No. 174

Why is Labor-only contracting prohibited?
It undermines the Constitutional and

statutory right to security of tenure
of workers.
Page 37 of 41
Definition of Labor-Only Contracting

The contractor or subcontractor does
not have substantial capital
Job contracting has significantly
OR The contractor
The contractor or subcontractor does or changed the landscape of
not have investments in the form of subcontractor employer-employee relations.
Principal Contractor
tools, equipment, machineries, does NOT
CLIENT EMPLOYER
supervision, work premises, among exercise the While an employment
others OR RIGHT TO relationship is bilateral in nature,
AND CONTROL over
legitimate job contracting
The contractor's or subcontractor's the EMPLOYEES
employees recruited and placed are performance of involves a trilateral relationship

performing activities which are the work of the involving the principal, the
directly related to the main business employee. contractor and the contractor’s
operation of the principal. workers.
Permissible Contracting
(CONTRACTOR & PRINCIPAL
Contracting/subcontracting shall only be allowed if ALL the
SUBCONTRACTOR) Service Agreement following circumstances concur:
(a)The contractor/subcontractor is engaged in a distinct and

COMPANY independent business and undertakes to perform the job or
work on its own responsibility, according to its own manner
and method;
REGULAR EMPLOYEE
Employment SEASONAL EMPLOYEE
(b)The contractor/subcontractor has substantial capital to carry
PROJECT EMPLOYEE
Contract CASUAL EMPLOYEE
out the job farmed out by the principal on his account, manner
PROBATIONARY EMPLOYEE
and method, investment in the form of tools, equipment,
WORKER machinery and supervision;
Page 38 of 41
Permissible Contracting Other illicit forms of employment arrangement

Contracting/subcontracting shall only be allowed if ALL the
following circumstances concur:
(a)Contracting out of work with a “Cabo” or a labor
group disguised as a cooperative;
c) In performing the work farmed out, the contractor or (b)Contracting work from an in-house agency or an in-
subcontractor is free from the control and/or direction of the house cooperative which merely supplies workers to
principal in all matters connected with the performance of the the principal;
work except as to the results thereto; AND (c) Contracting work due to a strike or lockout;
(d)Contracting work performed by union leaders to
d) The Service Agreement ensures compliance with all the rights ensure employees' rights to self-organization;
and benefits for all the employees of the contractor or
subcontractor under the labor laws.
What will happen to the Contractor’s

Other illicit forms of employment arrangement employees upon the termination of the
Service Agreement Contract?
(e) Requiring them to perform functions which are currently being
performed by the regular employees of the principal; and ● Where the termination results from the expiration of the Service Agreement, or
(f) Requiring them to sign, as a precondition to employment or from the completion of the phase of the job or work for which the employee is
continued employment, an antedated resignation letter; xxx engaged, the latter may opt to wait for re-employment within three (3)
requiring the employee to become a member of the cooperative; months to resign and transfer to another contractor-employer.
(g) Repeated hiring by the contractor or subcontractor of employees ● Failure of the contractor to provide new employment for the employee shall
under an employment contract of short duration; entitle the latter to payment of separation benefits as may be provided by law or
the Service Agreement, whichever is higher, without prejudice to his/her
(h) Requiring employees under a contracting or subcontracting
entitlement to completion bonuses or other emoluments, including retirement
arrangement to sign a contract fixing the period of employment to a benefits whenever applicable. The mere expiration of the Service Agreement
term shorter than the term of the Service Agreement, unless the shall not be deemed as a termination of employment of the
contract is divisible into phases for which substantially different contractor's/subcontractor's employees who are regular employees of the
skills are required and this is made known to the employee at the latter.
time of engagement.
Page 39 of 41
When the Principal is deemed the DIRECT

When the Principal is deemed the DIRECT EMPLOYER of the contractor’s or
EMPLOYER of the contractor’s or subcontractor’s subcontractor’s employees –
employees
WHAT IS THE EFFECT?
a. When the Contractor/Subcontractor engages in Labor-
Only Contracting
The Principal shall be SOLIDARILY LIABLE with
b. When either the Principal or Contractor engages in
the contractor for violation of the Labor Code, non-
illicit forms of employment arrangement
c. Violation of security of tenure and all the rights and payment of wages, illegal dismissal. The Principal
privileges as provided for in the Labor Code may be asked to pay for the total amount of the
monetary liability.
d. Violation on the required contracts: Employment
Contract and Service Agreement
“A finding that a contractor is a labor-only contractor, as ● In labor only contracting, the person or intermediary acting
opposed to permissible job contracting, is equivalent to as the contractor is considered merely an agent of the
declaring that there is an employer-employee relationship principal. The principal remains responsible to the workers
between the principal and the employees of the supposed in the same manner and extent as if the latter were
contractor, and the labor-only contractor is considered as directly employed by him.
a mere agent of the principal, the real employer.” (RNB
Garments Philippines Inc. vs. Ramrol Multi-Purpose Cooperative, etc. G.R. No. 236331, September ● Consequently, the principal pays all the wages, benefits
14, 2020, citing Allied Banking Corporation v. Calumpang) and other claims that are a result of the employer-
employee relationship.
Page 40 of 41
● However, in legitimate job contracting, the solidary liability of the
Thanks!
contractor and the principal is only for the limited purpose of paying the
wages of the contractor’s employees assigned to the principal under a
service agreement.
Do you have any questions?
● Even though recourse to the principal is available to the contractor’s youremail@freepik.com
+34 654 321 432
employees in case of non-payment, there is no employer-employee
yourwebsite.com
relationship between the workers and the principal.
● There is limited liability because the contractor remains the employer,

and the principal is not responsible for any other claims made by the
contractor’s employees.
Please keep this slide for attribution
Page 41 of 41

Day 2 - Atty. ALBURO - Understanding Law On Employer-Employee Relationship

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Day 2 - Atty. ALBURO - Understanding Law On Employer-Employee Relationship

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Understanding the Law on Employer-Employee Relationship 23 March 2024

What is Social Legislation?

01 Laws designed to improve and protect the

Social physical or mental defect or lack of economic

What is Social Justice? What is Social Justice?

• the adoption by the Government of Accordingly, in case of doubt, laws should be

Is there any distinction between labor

The State shall promote full

RA 10911 or the Anti-Age Discrimination in RA 10911 or the Anti-Age Discrimination in

EXCEPTIONS (Anti-Age Discrimination in Non-Discrimination

Bona Fide Occupational Qualification

The court stated that in order to justify a BFOQ, the employer

ARTICLE 294. Security of Tenure. — In cases of regular

Security of a) reinstatement without loss of seniority rights and other

Security of Tenure Security of Tenure

Termination by Employer Substantive Due Process

Substantive Due Process SERIOUS MISCONDUCT

SERIOUS MISCONDUCT WILLFUL DISOBEDIENCE OR

WILLFUL DISOBEDIENCE OR WILLFUL DISOBEDIENCE OR

GROSS AND HABITUAL GROSS AND HABITUAL

GROSS AND HABITUAL FRAUD OR WILLFUL

FRAUD OR WILLFUL FRAUD OR WILLFUL

FRAUD OR WILLFUL FRAUD OR WILLFUL

1. There must be an act, omission or concealment;

FRAUD OR WILLFUL FRAUD OR WILLFUL

FRAUD OR WILLFUL COMMISSION OF A CRIME

ANALOGOUS CASES ANALOGOUS CASES

ANALOGOUS CASES ANALOGOUS CASES

ANALOGOUS CASES Substantive Due Process

Authorized Causes Authorized Causes

Just Cause Authorized

Sufficient proof No need to The employee is Fault The employee is

Just Cause Authorized Just Cause Authorized

Separation Pay Notice and Hearing

Must be given Written notice to both the

DISEASE as ground for termination PROCEDURAL DUE PROCESS

PROCEDURAL DUE PROCESS PROCEDURAL DUE PROCESS

a) The first written notice should contain:

PROCEDURAL DUE PROCESS PROCEDURAL DUE PROCESS

1. when requested by the employee in writing or

PROCEDURAL DUE PROCESS Burden of Proof The burden of proving

EFFECT Reinstatement without loss

If employer failed Dismissal is

to discharge the illegal Full Backwages

Nominal Damages How much? Prescriptive Period

04 Its existence is a question of law and fact. Its

Employer-Employee Relationship Employer-Employee Relationship

The employment status of a person is Substantial evidence is sufficient in

Employer-employee relationship Who is an EMPLOYEE?

THE FOUR-FOLD TEST THE FOUR-FOLD TEST

Who exercises the

THE FOUR-FOLD TEST THE FOUR-FOLD TEST

Who has the power to

As to nature of work As to length of service

- An employment shall be deemed to – Any employee who has rendered at

Tests to Determine Regular Employment:

To rule otherwise, and to instead make their regularization

Some Principles on Regular Employment

In ABS-CBN Broadcasting Corporation v.

employer and when the worker, relative to the

• Employers claiming that their workers are

Two requirements, therefore, clearly need to be A project employee is assigned to a project

A project employee or a member of a work pool