Sample Casual Employment Contract (English Version) – Soft Copy Editable Template
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
Casual employment is one of the exceptions to the regular employment provisions under Article 295 of the Labor Code, as amended.
The Labor Code states that 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, except 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 or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue to exist.
For casual employment to exist, the position occupied by the employee should not be usually necessary or desirable in the usual trade or business of the employer.
What is “usually necessary and desirable?” It is a position without which an employer cannot pursue his operation or business.
For instance, in a software development company that sells applications and development services, a computer programmer position is usually necessary and desirable. Without the programmer, the company cannot come up with the product to sell to the market.
But in an insurance firm, computer programmer may not be necessary since the company can still sell insurance products without the programmer. Hence, the programmer in this case may be hired on project employment basis only.
Now, in crafting the contract for casual employment, the employer should bear in mind the following:
- The employment shall not be usually necessary and desirable in the usual trade or business of the employer
- The employment is limited in scope with respect to the activity in which he is employed
- The employment shall not exceed one year. If it does, the employee is considered regular with respect to such activity.
- The contract shall clearly indicate the date of termination or termination upon completion of activity
- Compensation and benefits
- Data privacy consent clause
- Duties and responsibilities
- Place of posting and transfer
The sample template is editable in Word 365 in 8.5’ x 13’.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino