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NARCIDA, RUTHER MARC P.

LL.B. 2-C LABOR STANDARDS

AIDE MEMOIRE

(MEMORY AID FOR LABOR RELATIONS)

DURATION REGULARIZATION TERMINATION:Grounds

VALIDITY

PROBATIONARYEMPLOYMENT

Generally, shallnot exceed 6months;But may beextended

He is regularized uponexpiration of theprobationary period.

1) He failed tomeet thestandards ofemployment.2) Just causes.

3) AuthorizedCausesHe can beterminated at anytime before theexpiration of thesix-month period.

1) It is an employmentfor a trial period;2) It is a temporaryemployment statusprior to regular

employment;3) It is a contract:a) work at a particulartype of work,b) that requiresqualifications, skills,experience, training,c) probation is fixed,d) termination may beduring or at the

end of the trial period,e) if he is fit, he shallbe regularized.

REGULAREMPLOYMENT

Indefinite;Once employeeattains regularstatus, heremains to be sountil terminated

Not Applicable 1)Just Causes2)AuthorizedCauses

1) Has engaged inactivities which areusually necessaryor desirable in theusual business ortrade of the employer.

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LL.B. 2-C LABOR STANDARDS

for cause 2) Has rendered atleast one year ofservice continuousor broken.

CASUALEMPLOYMENT

Once theemployee isregularized, theduration of hiswork will be likeof a regularemployee remains to be anemployee untilterminated for a

cause.

Rendering at least oneyear of service,whether such serviceis continuous orbroken, with respectto the activity inwhich he is employedand his employmentshall continue whilesuch activity exists

1) He isregularized.2) Just causes.3) AuthorizedCauses

Engaged to performactivities which arenot necessary ordesirable in the usualtrade or business ofthe employer

PROJECTEMPLOYMENT

The term ofemployment is co-terminous withthe completion ofthe project.

1) He is continuouslyrehired due to thedemands ofemployer's businessand re-engaged formany projects withoutinterruption.2) The employment is

extended long afterthe supposed projecthad been finished. 3)

There is no report oftermination of theemployee.

1) Completion ofthe Project. 2)His service is nolonger needed.3) He isregularized.4) Just causes.5) Authorized

Causes

a. Specific projectphase must be statedin the contractb. Estimated date ofcompletion also statedin contractc. Employee musthave been dismissed

every after completionof the projectd. A report must besubmitted to DOLE onaccount of thedismissal due tocompletion of contract

SEASONALEMPLOYMENT

The employmentof seasonal

The employee isregularized if he is

1) Just causes.2) Authorized

a. Employed for aparticular season

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LL.B. 2-C LABOR STANDARDS

employees legallyends upon thecompletion of theseason.

repeatedly engagedfrom season to seasonperforming the sametasks.

Causes b. Such work isnecessary or desirablein the usual trade orbusiness of employer

FIXED-TERMEMPLOYMENT

A contract ofemployment for adefinite periodterminates by itsown terms at theend of suchperiod.

The employment isCo-terminus with theproject.

1) End of theperiod agreedupon by theparties.2) Just causes.3) AuthorizedCauses

1) A fixed period ofemployment wasknowingly andvoluntarily agreedupon by the parties,without any force orimproper pressurebeing brought to bearupon the employeeand absent any other

circumstancesvitiating his consent.2) It satisfactorilyappears that theemployer and theemployee dealt witheach other on a moreor less equal termwith no moraldominance whatever

being exercised by theformer upon thelatter.