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Legal Insights on Employee Tenure

This document discusses different types of employees under Philippine labor law: [1] Regular employees have no fixed period of employment. [2] Casual employees are hired to perform work that is usually necessary but not regular. [3] Fixed-term employees are hired to perform work that is of a definite or fixed period. [4] Project employees are hired to complete a specific job, service or undertaking. [5] Seasonal employees are hired to perform work that is seasonal in nature. The document then provides two bar exam questions that test understanding of whether employees would be considered regular, probationary or fixed-term based on scenarios provided.

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Omar sarmiento
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160 views2 pages

Legal Insights on Employee Tenure

This document discusses different types of employees under Philippine labor law: [1] Regular employees have no fixed period of employment. [2] Casual employees are hired to perform work that is usually necessary but not regular. [3] Fixed-term employees are hired to perform work that is of a definite or fixed period. [4] Project employees are hired to complete a specific job, service or undertaking. [5] Seasonal employees are hired to perform work that is seasonal in nature. The document then provides two bar exam questions that test understanding of whether employees would be considered regular, probationary or fixed-term based on scenarios provided.

Uploaded by

Omar sarmiento
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Labor Standards 2021

Kinds of Employees
(According to tenure)

Atty. Paciano F. Fallar Jr.


SSCR-CL

A Cases

1. Convoy Marketing Corp vs Albia, GR No. 194969, 07 Oct 2015


2. Begino vs ABS CBN Corp.GR No. 199166, 20 April 2015
3. OKS Design Tech v Caccam, GR No. 211263, 05 Aug 2015
4. Labayug vs MYSan Biscuits , GR No. 148102m 11 July 2006
5. GMA Network v Pabriga, GR No. 176419, 27 Nov 2013
6. Hanjin Heavy Industries vs Ibanez, GR No. 17018, 26 June 2008
7. Omni Haulers v Bon, GR No. 199388, 03 Sept 2014
8.Ampeloquio vs Jaka Distribution Inc ., GR No. 196936, 02 July 2014
9. Paz vs Northen Tobacco Redrying Corporation, GR No. 199554, 18 Feb 2015
10.Pier 8 Arrastre & Stevedoring Services vs Boclot, GR No. 173849, 28 Sept 2007

B. Outline

1.Regular
2. Casual
3. Fixed term
4. Project
5. Seasonal

C. Bar Questions

1.Super Comfort Hotel employed a regular pool of “extra waiters” who are called or asked to
report for duty when the Hotel’s volume of business is beyond the capacity of the regularly
employed waiters to undertake. Pedro has been an “extra waiter” for more than 10 years. He is
also called upon to work on weekends, on holidays and when there are big affairs at the hotel.

 What is Pedro’s status as an employee under the Labor Code? Why? Explain your
answer fully.

2.Ms. A is a volleyball coach with five (5) years of experience in her field. Before the start of the
volleyball season of 2015, she was hired for the sole purpose of overseeing the training and
coaching of the University’s volleyball team. During her hiring, the Vice-President for Sports
expressed to Ms. A the University’s expectation that she would bring the University a
championship at the end of the year.

In her first volleyball season, the University placed ninth (9 th) our of 10 participating teams.
Soon after the end of the season, the Vice-President for Sports informed Ms. A that she was a
mere probationary employee and hence, she need not come back for the next season because
of the poor performance of the team. In any case, the Vice-President for Sports claimed that
Ms. A was a fixed-term employee who contract has ended at the close of the year.

 Is Ms. A a probationary, fixed-term, or regular employee? Explain your reasons as to


why she is or she is not such kind of an employee for each of the types of employment
given.

xxxPFFALLARJRF 2021

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