LABOR RELATIONS AND NEGOTIATION (MIDTERM)

An employment where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.

The activities performed by the employee are usually necessary or desirable in the usual business or trade of the employer, but the law does not consider them as regular employment because the engagement of the employee is only for a limited period, Le., for the duration of the project or season.

A job where the employee was engaged for a specific undertaking, the completion or termination of which has been determined at the time of the engagement, regardless of the number of years that it would take to finish the undertaking.

Workers who belong to a "work pool" from which the Company draws workers for assignment to its various projects may acquire regular status as project employee if the same employer continuously (not intermittently) rehires the employee for the same task in different projects.

A job where the employee was engaged work during a particular time of the year.

As a general proposition, non-regular employment is not limited to those by nature seasonal or for specific projects with pre-determined dates of completion. It also includes those which the parties by free choice have assigned a specific date of termination.

A casual employee who has rendered at least one (1) year of service, whether such service is continuous or broken, is considered a regular employee with respect to the activity in which he is employed.

A job where the activities performed by the employee are not usually necessary or desirable in the usual business or trade of the employer.

MEANING OF "AT LEAST ONE YEAR OF SERVICE"

A job where the employee upon his engagement is made to undergo a trial period to enable the employer to determine his fitness for regular employment based on reasonable standards made known to him at the time of engagement.

CLASSIFICATION OF EMPLOYMENT

TYPES OF NON-REGULAR EMPLOYMENT

DISTINGUISHABLE TYPES OF ACTIVITIES

Simply means that the employer cannot dismiss an employee without just cause or authorized cause.

Implies that the employee concerned has committed, or is guilty of violation against the employer, i.e ., the employee has committed serious misconduct, fraud against the employer, or, as has neglected his duties.

It does not necessarily imply delinquency or culpability on the part of the employee. Instead, the dismissal process is initiated by the employer's exercise of his management prerogative, i.e ., when the employer opts to install labor saving devices, when he decides to cease business operations or when, he undertakes to implement a retrenchment program.

It is not a criminal "offense" even though it is a violation of the Labor Code.

Is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it has either abandoned it or declined to assert it.

It is concerned with the fact of delay, while laches is concerned with the effect of delay. It is a statutory principle, while laches is a principle in equity. It is time-fixed, while laches is not.

Its generally accepted sense refers to a restoration to a state from which one has been removed or separated.

When the relationship of employer to employee is so strained and ruptured as to preclude a harmonious working relationship, reinstatement is no longer feasible.

CIRCUMSTANCES THAT WILL BAR REINSTATEMENT

MANAGERIAL PREROGATIVES

Once the project (or any phase thereof for which the employee was engaged) is completed, the employment terminates.

The employer should report to the nearest Public Employment Office the fact of termination of project employees, Failure to report is an indication that the job is not project employment but regular employment.

The employment of seasonal employees is co-terminus with the duration of the season, However, if the same employees are repeatedly engaged every season, they become regular seasonal employees, in which case, they cannot be terminated without just cause.

. It also includes those which the parties by free choice have assigned a specific date of termination. In fixed-term employment, the decisive determinant is not the activities that the employee is called upon to perform, but the day certain agreed upon by the party’s day certain being understood to be that which must necessarily come, although it may not be known when.

the tenure is determined not by the nature of the job but by the period agreed upon by the parties. Upon expiration of the agreed period. the employment automatically terminates without the necessity of notice.

used to describe the period of employment, implies the purpose of the term or period.

Basic Requirements for Hiring Probationary Employee

Restores the lost income/may be rewarded without ordering reinstatement

If an employer sells (in good faith) his business during the pendency of the illegal dismissal case, the reinstatement is rendered impossible because the new owner (buyer) is not obliged to absorb the employees of the old owner (seller), unless there is an express assumption of liabilities by the new owner.

If an employer reduces its personnel due to business reverses, the employer cannot be ordered to reinstate the affected employees because an employer cannot be compelled to give employment to a greater number of persons than the economic operations of the business requires.

If the establishment has closed its business, reinstatement is rendered impossible.

• Reinstatement presupposes that the previous position from which one has been removed still exists.

If the employee has reached the compulsory retirement age during the pendency of the illegal dismissal case, he cannot be ordered reinstated because reinstatement is irreconcilable with retirement.

When the relationship of employer to employee is so strained and ruptured as to preclude a harmonious working relationship, reinstatement is no longer feasible.

An illegally dismissed employee who is no longer physically or mentally fit to work can no longer be reinstated.

If an employee who was dismissed for an offense constituting a crime (e.g ., theft of company property), was able to obtain a final and executory decision ordering his reinstatement, his subsequent conviction in the criminal case (for the same offense that caused his dismissal), will preclude the execution of the reinstatement order.

WHAT IS DOCTRINE STRAINED RELATIONS?

WHAT IS THE DIFFERENCE BETWEEN LACHES AND PRESCRIPTIVE PERIOD?

Regular Employment

Non-Regular Employment

Project Employment

Project Employees on Regular Status

Seasonal Employment

Fixed-Term Employment

Casual Employment

Casual Employment on Regular Status

"At least one year of service"

Probationary Employment

Classification of Employment

Types of Non-Regular Employment

Security of Tenure

Dismissal for Just Cause

Dismissal for Authorized Cause

Illegal Dismissal

Laches

Prescription

Reinstatement

Strained Relations

Circumstances barring reinstatement

Managerial Prerogatives

Tenure of Project Employment

Report of Termination of Employment

Tenure of Seasonal Employment

Tenure of Fixed-Term Employment

Probationary

Basic Requirements for Hiring Probationary Employee

Backwages

Transfer of Business Ownership

Business Reverses

Closure of Business

Abolition of Position

Attainment of Compulsory Retirement Age

Conviction in Criminal Case