Employee Termination Based on Form of EmploymentAtty Elvin
Hence, to terminate employee, it can be argued that there are two main classifications of grounds:
- Just Cause / Authorized Cause
- Peculiar cause provided in the nature of employment and terms of contract
For just cause or authorized cause, the law is clear since these are provided under Articles 297, 298, and 299, respectively. For the Peculiar cause, the Labor Code also provides for the instance where employment relationship is severed.
For instance, in a casual employment, it is terminated if the work for which the employee was hired has ceased to exist. However, if the employee stays with the company for one year, he is deemed regular. But only for such activity.
With respect to project employment the relationship is terminated if the project is completed or any phase thereof for which the project employee was hired. As to seasonal, it ends upon the end of season.
For probationary employment, termination can be made if he fails to qualify in accordance with the reasonable standards made known upon hiring. For the fixed-term worker, the employment is terminated when the term for termination has arrived.
All the above peculiar causes cannot apply to regular employee since he is entitled to unlimited security
of tenure. The only cause possible is any of those found in just cause and authorized cause.
Nonetheless, the just cause and authorized cause provide the blanket ground applicable to all forms.