Kinds of Employees

2 Major Classifications
REGULAR
Regular Employees

NON - REGULAR
Probationary Employees
Casual Employees
Project Employees
Seasonal Employees

Joy Grace Duremdes 6/5/2017

Regular Employee
Art. 295: 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

Joy Grace Duremdes 6/5/2017

Probationary Employee
Probationary employment is not necessarily a category of
employment. It pertains to a period of time in which an
employee is being observed and evaluated to determine
whether or not he is qualified for permanent employment.
IRR of LC: There is probationary employment where
the employee, upon his engagement, is made to undergo a
trial period during which the employer determines his
fitness to qualify for regular employment, based on
reasonable standards made known to him at the time of
engagement.
Joy Grace Duremdes 6/5/2017
Probationary Employee
Generally, the probationary period of employment is limited to
six (6) months. The exception to this general rule is, when the
parties to an employment contract may agree otherwise, such as
when the same is established by company policy or when the
same is required by the nature of work to be performed by the
employee. In the latter case, there is recognition of the exercise
of managerial prerogatives in requiring a longer period of
probationary employment, such as in the present case where the
probationary period was set for eighteen (18) months, i.e. from
May, 1980 to October, 1981 inclusive, especially where the
employee must learn a particular kind of work such as selling,
or when the job requires certain qualifications, skills,
experience or training. (Buiser v Leogardo, GR. L-63316, July 31,
1984)
Joy Grace Duremdes 6/5/2017
Casual Employee
A Casual employee is an employee who is engaged to perform
an activity not usually necessary or desirable to the course of
business of the employer or merely incidental to the business
and is hired under the terms of casual employment and for a
definite period only. They are devoid of security of tenure.
Art. 295: Provided, that an employee who has rendered at
least one year of service, whether such service is continuous or
broken, shall be considered as regular employee with respect
to the activity in which he is employed and his employment
shall continue while such activity exists.

Joy Grace Duremdes 6/5/2017

Casual Employee
If the employee has been performing the job for at least
one year, even if the performance is not continuous or
merely intermittent, the law deems the repeated and
continuing need for its performance as sufficient evidence
of the necessity if not indispensability of that activity to the
business. Hence, the employment is also considered
regular but only with respect to such activity and while
such activity exists. (Romares v NLRC, GR. 122327, Aug.
19, 1998)

Joy Grace Duremdes 6/5/2017

Project Employee

Art. 295: 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 .

Joy Grace Duremdes 6/5/2017

Seasonal Employee

Art. 295: where the work or service to be performed

is seasonal in nature and the employment is for the
duration of the season.

Joy Grace Duremdes 6/5/2017