C. Kinds of Employment

Art. 295 Presupposes Employment Relationship

Art. 295 applies where the existence of Er-Ee relationship is not the issue of the dispute. If the issue is whether or not the claimant is an Ee, the tests of employment relationship shall be resorted to.

Art. 295 limits itself to differentiating four kinds of employment arrangement: regular, project, seasonal, and casual. The article presupposes that employment relationship exists between the parties.

KINDS OF EMPLOYMENT

• As to tenure
• Permanent - who is appointed to a job for an undefined and indefinite period. Also referred to as “regular” Ee One who is doing a job which is “necessary or desirable” to the usual business of the Er May be terminated only because of “just” or an “authorized” cause according to Art. 294
• Probationary – one whose qualifications for regular employment are being assessed. The probationary period generally may not exceed six months from the start of work, unless an applicable exception applies. Probationary employment is distinct from fixed-term employment. (Art. 296 [281]; Azucena, 2016)
• As to the Labor Code Book VI
• Regular
• Project
• Seasonal
• Casual
• Probationary
• Fixed-term
• On the basis of salary component
• Monthly-paid - where the salary covers all the days of the month including the rest days and holidays;
• Daily-paid - salary only covers the day or days worked.

NOTE: Daily-paid or monthly-paid refers to the inclusiveness of the salary, not the frequency or intervals of payments.

REGULAR

Those who are hired for activities which are necessary or desirable in the usual business of the Er. (Abad, Jr., 2015)

Contents of Learnership Agreement

• Names and addresses of employer and learner
• Occupation to be learned and the duration of the training period which shall not exceed 3 months
• Wage of the learner which shall be at least 75% of the applicable minimum wage
• Commitment to employ the learner, if he so desires, as a regular employee upon completion of training (Labor Code, Art. 75)

A learner who has worked during the first two months shall be deemed a regular employee if training is terminated by the employer before the end of the stipulated period through no fault of the learner.