Labor Law Ch 7 Review

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CHAPTER 7: Classification of Employees I. REGULAR 1. those who are engaged to perform necessary or desirable activities for trade of employer, except when employment is fixed for specific term or project 2. casual employees who have rendered atleast (1) year of service, whether continuous or broken, with respect to activity which they’re employed * true despite written agreements that may state employee is not regular (prevent lopsided agreements and manipulations to keep employee on casual status) A. Standards 1. Activities Performed Are Necessary or Desirable In Usual Business of Employer * connection may be made by considering nature of work to be performed and its relation to the scheme of the business in…show more content…
Termination * NOT protected by security of tenure * May be removed from service anytime III. FIXED OR TERM - employee for whom a day certain is agreed upon by yee-yer for commencement and termination of employment relationship A. Standards * The day certain agreed upon for commencement and termination * Day Certain: that which must necessarily come although it may not be known when B. Fixed Employee May Perform Work Necessary in the Usual Business of Employer * Nothing contradictory about it because it’s necessary for the business * Determining factor: not the activities performed but the day certain agreed upon of termination C. When Fixed/Term Acquires Regular Status * Civil code imposes no restraints on freedom of parties to fix the duration of contract * However, when period agreed on circumvents security of tenure, the period should be struck down and deemed contrary to public policy = deemed to be a regular employee * Pure Foods Corp vs NLRC et aL FACTS * 7906 employees were hired to work for 5mo fixed period at tuna cannery plant in Gen. Santos City. * Expiration on June & July 1981: employees were terminated and executed a “Release and Quitclaim” stating that

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