Summary ⦁ A project employment contract is an employment arrangement between an employer and a project employee wherein the latter’s employment has been fixed for a specific project or undertaking. ⦁ The project’s completion or termination should be determined or determinable at the time of the engagement of the project employee. ⦁ The existence of…
Summary ⦁ A casual employment contract is an employment arrangement between an employer and a casual employee wherein the latter performs work that is incidental to the business. ⦁ Casual employees are those who perform work that is incidental to the business of the employer. ⦁ The employment of casual employees should not exceed twelve…
Summary ⦁ A probationary employment contract is an employment arrangement between an employer and a probationary employee wherein the latter will be required to undergo a probationary period to determine their fitness to qualify for regular employment. ⦁ The probationary employment should not exceed 180 calendar days. ⦁ The standards or criteria for regular employment…
Summary ▪ A regular employment contract is an employment arrangement between an employer and a regular employee wherein the latter has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. ▪ There are those deemed regular employees due to the employer’s non-compliance with labor…
Summary • Employment is generally a consensual contract which means it can be created by mere consent. • Principle of autonomy applies to employment contracts. • Regular employment is the default status of an employee. • Burden of proof is on the employer to prove that an employee is a non-regular. • The law determines…
1. Summary ▪ Foreigners or non-resident aliens are required to obtain an alien employment permit (AEP) prior to working in the Philippines. ▪ They are prohibited from transferring employment without prior approval from the DOLE Secretary. ▪ An employment contract is void if there is no alien employment permit. 2. Concept Any foreigner or alien…
1. Concepts “Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener, or laundry person, but shall exclude family drivers, children who are under foster family arrangement, or any person who…
1. Concept Workers paid by results – refer to ‘those whose pay is calculated in terms of the quantity or quality of their work output which includes “pakyaw” work and other non-time work.’ (David v. Macasio, G.R. No. 195466, 02 July 2014, Per Brion, J.) They include those who are paid on piecework, takay, pakyaw…
1. Concept Field personnel – refers to ‘non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.’ (Paragraph 3, Article 82, P.D.442, Labor Code; See also Section 1[e], Rule II,…
1. Summary ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees. 2. Concept “Managerial employee” is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the…