Seasonal Employees
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Transcript of Seasonal Employees
Seasonal EmployeesDuration of a Season
29 October 2016
Seasonal EmployeeArticle 294, Labor Code: “… where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.”
Citation: Article 294, Labor Code
Regular Seasonal EmployeeIf a seasonal employee performs activities which are usually necessary and desirable in the usual trade or business of the employer and he is repeatedly rehired, he is considered as a regular seasonal employee.
Citation: Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2014.
Case LawGapayao v. Fulo (2013)• The employer claimed that the employee (farm worker) was engaged
on a pakyaw basis and worked for a short period of time, “in the nature of a farm worker every season.”
HELD: The complainant was a regular seasonal employee.• “… [the employee] was indeed a farm worker who was in the regular
employ of [the employer]. From year to year, starting January 1983 up until his death, the [the employee] had been working on [the employer’s] land by harvesting abaca and coconut, processing copra, and clearing weeds. His employment was continuous in the sense that it was done for more than one harvesting season. Moreover, no amount of reasoning could detract from the fact that these tasks were necessary or desirable in the usual business of [the employer].”
Citation: Gapayao v. Fulo, G.R. No. 193493, 13 June 2013
Case LawUniversal Robina Sugar Milling Corporation v. Acibo (2014)• A group of seasonal/project employees filed a labor complaint after being
dismissed.HELD: The complainants were regular seasonal employees.• “… the [complainants] are neither project, seasonal nor fixed-term
employees, but regular seasonal workers of URSUMCO…”• First, their tasks are not connected to any specific phase and they
performed activities “regularly and habitually” needed by the employer.• Second, they were repeatedly rehired.• Third, the employers failed to show proof that the employees were free to
work and/or sought employment elsewhere during off-season.
Citation: Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2014.
For more information:
Labor Law ComplianceBest Practices for Human Resource
www.laborlaw.ph
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