Azucena Summary
Azucena Summary
Azucena Summary
o Proper procedure
Security of Tenure
ART 295: Regular and Casual Employment
In cases of regular employment, the employer shall
NOT terminate the services of an employee except for The provisions of written agreement to the contrary,
just cause or when authorized by this title. An notwithstanding and regardless of the oral agreement of
employee who is unjustly dismissed from work shall the parties, an employment shall be deemed to be regular
be entitled to reinstatement without loss of seniority where the employee has been engaged to perform
rights and other privileges and to his full backwages, activities which are usually necessary in the usual course
inclusive of allowances, and to his other benefits or of business or trade of the employer, except where the
their monetary equivalent computed from the time his employment has been fixed for a specific project or
compensation was withheld from him to the time of undertaking, the completion or termination of which has
his actual reinstatement been determined at the time of engagement of the
Right that cannot be easily denied, it is protected by employee or where the work or service or be performed is
the Constitution seasonal in nature and the employment is only for the
Applies to both regular and irregular employees duration of the season.
o Probationary, project, contractual
Also enjoys the security of tenure An employment shall be deemed to be casual if it is not
o Regular EE: Security of tenure for an covered by the preceding if it is not covered by the
unlimited period of time preceding paragraph, provided that any employee who
o Probationary, Project, Contractual: security has rendered at least one year of service, whether such
of tenure for a LIMITED period of time service is continuous or broken, shall be considered a
regular employee with respect to the activity in which he is
Tenure of Managerial Personnel employed and his employment shall continue until such
o ERs have a wider latitude of discretion in activity exists
terminating these EEs
o Loss of trust and confidence is an enough ART 295 is applicable only if an ER-EE
ground relationship exists
o Termination is not entirely up to ER There is no ER-EE relationship:
o Also entitled to security of tenure, fair o Independent contractor
standards of employment and protection of o Agency
labor laws If there is a dispute as to the ER-EE relationship,
o College dean is also entitled to security of this provision does not apply
tenure
REGULAR EMPLOYMENT
NOTE: in-house counsel is
considered as a Regular EE Reasonable connection between the particular
Lawyer on retainer: not activity performed by the EE in relation to the
regular usual business of ER
Rank and File EEs: Requires more proof when they Depends on the nature of the work
will be terminated TEST: Whether the work performed is usually
necessary and desirable
EMPLOYMENT AT WILL
REGULAR VS CASUAL
EEs in this case have no assurance about their
working condition and employment BASIS: Nature of the job
Can be terminated by ER at anytime, for any reason Work is integral part of the business but worker
N/A in the Philippines has no independent professional service
Applicable if knowingly entered into by a Filipino but o If the worker has an independent
the company is located abroad professional service with sufficient
RA 1787: Employment with no definite period can capital, and there is no power of control
only be terminated for just cause over the worker, he is not an EE but an
independent contractor
Employment termination: must be accorded with due
process TWO KINDS OF REGULAR EEs
1) Regular EEs by nature of work: UND CASUAL EMPLOYEE
2) Regular EEs by years of service: Not UND, Casual
EEs that rendered at least a year of service Regular EE by years of service
Regular only for the activity in which he was hired
When the worker is hired On and off, but when particular activity arises he/she
is the one who is to be rehired
Nature of work is UND Casual becomes regular after one year of service
o Regular EE When a C.E. is converted to RE, there should be no
XPN: If at the time of decrease in benefits.
engagement, it is known to
employee that he is only hired May regular jobs be contracted out?
for a specific project (Project
EE), For the duration of ONE Terminating the work of EEs
season (Seasonal EE), Fixed Reduces work horurs
term EE Reduces/splits bargaining units
o But if an independent contractor, not an
EE Termination of work due to redundancy is an authorized
IC reqts cause under the L.C. and so long as there is no grave
Sufficient funds, no abuse of discretion, it is alright.
power of control and
sufficient equipment For redundancy to be a valid cause for
termination, it must be done in good faith, hence
When nature of work is UND
court will not interfere
o Rendered at least one year of service:
REGULAR
OUTSOURCING & CONTRACTING OUT IS THE SAME
In case there is the existence of trilateral relationship
Occurs when the firms use subcontractors to
carry out specific tasks rather than hiring internal
Principal
employees to do their work
o Hires the independent contractor and
o VALID, so long as no CBA violation?
the I.C. Supplies the workers
o No EE-ER with the worker Management prerogative, workers permission
are not needed in this case
Worker
o Works for the company of I.C.
PROJECT EMPLOYMENT
SEASONAL EMPLOYMENT