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I. TYPES OF EMPLOYMENT 1.

Project/Temporary Employment - One who is engaged for a specific undertaking or project whose completion has been predetermined. Employment is co-terminus with the conclusion of the project or undertaking and thus ipso facto terminates without entitling the employee to separation pay. However, if the employee is terminated before the completion of the project and is removed without a valid cause, he/she is entitled to a separation pay. The separation pay shall be computed at the rate of one months pay for every year of service up to the projects completion. 2. Casual Employment - An employee who is engaged to perform an activity not usually necessary or desirable to the course of business of the employer is hired under the terms of casual employment. For example, a mechanic hired to fix an engine or workers hired to renovate a building are considered casuals. However, as provided by paragraph 2, Article 280 of the Labor Code, a casual employee who has rendered at least one year of service (whether such service is continuous or

intermittent) shall be considered a regular with respect to the activity for which he/she was employed. He/She cannot be terminated while such activity exists. 3. Probationary Employment One who is on trial by an employer during which the employer determines whether or not he/she is qualified for permanent employment is hired under the terms of probationary employment. The word probationary as used to describe the period of employment implies the purpose of the term or period, but not its length. The probationary period of non-academic personnel is not covered by the Manual of regulations of Private Schools but by the Labor Code, specifically Article 281, which states: Probationary employment shall not exceed six (6) months from the date the employee started working, unless covered by an apprenticeship agreement stipulating a longer period. Effective school year 2004-2005, probationary period of non-teaching personnel will be six months with the following provision:

Types of Employment in the Philippines


Employment in the Philippines Overview
Depending on the company and or industry there are various types or categories of employment in the Philippines. This essentially comes down to how the employer wants the employee's employment to be structured, which should be bound by a contract signed by both the employer and employee.

Project Employment
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 in the Philippines.

Seasonal Employment
Where the work or services to be performed is seasonal in nature and the employment is for the duration of the season in the Philippines.

Casual Employment
Where the employment is not covered by the foregoing, provided that an employee who has rendered at least one year of service, whether continuous or broken, shall be considered regular with respect to the activity in which he or she is employed and his or her employment shall continue while the activity exists.

Term or Fixed Employment


Another category of employment in the Philippines recognized in jurisprudence is "term" or "fixed-period employment." This is based on art. 1193 of the CC, which states that obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain - understood to be a day that must necessarily come. The decisive determinant in "term employment" should not be the activities that the employee is called upon to perform, but the day certain agreed upon by the parties for the commencement and termination of the employment relationship. Stipulations in employment contracts providing for "term employment" or "fixed-period employment" are valid when the period has been agreed upon knowingly and voluntarily by the parties, without force, duress or improper pressure exerted on the employee, and when such stipulations were not designed to circumvent the laws on security of tenure.

Probationary Employment
Probationary employment is not necessarily a category of employment in the Philippines. It pertains to a period of time in which the employee is being observed and evaluated to determine whether or not he is qualified for permanent employment. Under art. 281 of the LC, probationary employment shall not exceed six months. An employee who is allowed to work after a probationary period shall be considered a regular employee. A probationary employee is, for a given period of time, under observation and evaluation to determine whether or not he or she is qualified for permanent employment. During the probationary period, the employer is given the opportunity to observe the skills, competence and attitude of the employee while the latter seeks to prove to the employer that he or she has the qualifications to meet the reasonable standards for permanent employment.

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