Kinds of EmployeesTypes of Employment Arrangements

29 October 2016

2 Major ClassificationsRegular• Regular Employees

Non-Regular• Probationary Employees• Casual Employees• Project Employees• Seasonal Employees• Fixed-Term Employees

Citation: Article 294, Labor Code; Book VI, IRR; Brent School, Inc., v. Zamora, G.R. No. L-48494, 05 February 1990

Regular EmployeeIRR of the Labor Code: “The provisions of written agreements to the contrary notwithstanding and regardless of the oral agreements of the parties, employment shall be deemed 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…”

Citation: Sec. 5, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code

Probationary EmployeeIRR of the Labor Code: “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.”

Citation: Sec. 6, Rule I, Book VI, Implementing Rules & Regulations of the Labor Code; cf. Article 294, Labor Code

Casual EmployeeIRR of the Labor Code: “There is casual employment where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such job, work or service is for a definite period made known to the employee at the time of engagement…”

Citation: Sec. 5(b), Rule I, Book VI, Implementing Rules and Regulations of the Labor Code; cf. Article 294, Labor Code

Project EmployeeArticle 294, Labor Code: “… 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…”

Citation: Article 294, Labor Code

Seasonal EmployeeArticle 294, Labor Code: “… where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.”

Citation: Article 294, Labor Code

Fixed-Term EmployeesThe employer and the employee agrees to a fixed-term or duration of the employment.

"... where a fixed period of employment was agreed upon knowingly and voluntarily by the parties, without any force, duress or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less equal terms with no moral dominance whatever being exercised by the former over the latter…”

Citation: Brent School, Inc., v. Zamora, G.R. No. L-48494, 05 February 1990

For more information:

Labor Law ComplianceBest Practices for Human Resource

www.laborlaw.ph

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