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Labor - X. - Title L. Employee Classification - Coggle Diagram

- - - - 4. Kinds of Employee (LC 295 and NCC 1306)
        
        Regular Employee
        
        Definition - Can refer to two kinds of regular employees. (Basan v. Coca-Cola)
        
        Nature of Work - those who render work that is necessary and desirable in the usual trade and business of the employer.
        
        Continuous Rehiring/Repeated Renewal - those who have rendered at-least one year of service, whether continuous or broken. Here, regular with respect to the activities for which they were employed. This only applies to casual employees, not seasonal or project employees.
        
        Other kinds of employees can become regular such as project, learners, probationary and seasonal employees. So long as they fall under these two categories they then become regular employees.
        
        Project Employee
        
        Principal Test of Employment (GMA Network v. Pabriga)- If the work is for a specific project or undertaking; the completion or termination of which is determined at the time of the engagement of the employee.
        
        Workpool employees (Maraguinot v. NLRC) - If both of the requisites are met, they are deemed regular employees.
        
        continuously, as opposed to intermittently, re-hired by the same employer for the same tasks or nature of tasks; and
        
        these tasks are vital, necessary and indispensable to the usual business or trade of the employer, then the employee must be deemed a regular employeea
        
        Presumption of Regular Employment - Absence of a Written contract (Quebral v. Angbus) - An employment contract is evidence that he employees were informed of the duration and scope of their work and employment status. Absence of which fails to defeat the presumption of regularity in workers.
        
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        Casual Employee
        
        Nature of Work - Casual employees or those who are neither regular nor project employees
        
        One-Year Service - A regular employee by years of service. If the laborer renders service for one year, whether broken or continuous. Regardless of the nature of work performed.
        
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        Seasonal Employee
        
        Fixed Term Employee
        
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        REGULARIZATION - Regular seasonal employees are those called to work from time to time. The nature of their relationship with the employer is such that during the off season, they are temporarily laid off; but reemployed during the summer season or when their services may be needed.They are in regular employment because of the nature of their job,and not because of the length of time they have worked.
        
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        Article 280. Regular and Casual Employment. — The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.
        An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That, any employee who has rendered at least one year of service whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such actually exists.
      - The nature of the employment does not depend on the will or word of the employer nor on the procedure of hiring and the manner of designating the employee. It depends upon the nature of the activities performed by the employee considering the employer’s nature of business, the duration and the scope of work to be done (SMC v. NLRC)