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 • 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…
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…
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. 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…
1. Summary ▪ Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. 2. Concept Supervisory employees are those who, in the interest of the employer, effectively recommend…
1. Summary ▪ Officers or members of a managerial staff’s primary duty consists of the performance of work directly related to management policies of their employer. 2. Concept Officers or members of a managerial staff are those who perform the following duties and responsibilities: 1) The primary duty consists of the performance of work directly…
1. Summary ▪ Managerial employees have various definitions under the Labor Code. 2. Concept Managerial employees have various definitions under the Labor Code. The term varies depending on the Book or Title where managerial employees are being discussed or covered by certain provisions as will be discussed herein. a. Labor Code – Book Three, Title…