Tag - fixed-term employment

Effects of a Fixed Term Contract that is Vague or Ambiguous

The employment status of a person is defined and prescribed by law and not by what the parties say it should be. In this regard, Article 295 of the Labor Code “provides for two types of regular employees, namely: (a) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer (first category); and (b) those who have rendered at least one year of service, whether continuous or [...]

Regular Employment and its Exceptions under the Law

According to the Supreme Court (SC) in the case of Universal Robina Sugar Milling Corporation vs. Acibo (G.R. No. 186439, January 15, 2014) Article 295 of the Labor Code provides for three kinds of employment arrangements, namely: regular, project/seasonal and casual. Regular employment refers to that arrangement whereby the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. Under the definition, the primary standard that determines [...]

Fixed-Term Employment Concept with Sample Template Contract Preview

Fixed-term employment agreement is one of the forms of employment under the Philippine labor law. It is not a concept based on the Labor Code. Rather, its legal basis is the Civil Code. Purchase a copy of the Fixed-Term Employment Contract here This contract should be used sparingly though. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule. This means that when there is doubt as to propriety on the use of [...]

Fixed-Term Employment Should Be Backed Up by a Written Contract

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Fixed-term employment is valid under both the Civil Code and the Labor Code. Article 295 of the Labor code categorizes employees into regular, project, seasonal, and casual. It further classifieds regular employees into two kinds: (1) those engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) casual employees who have rendered [...]

FIXED-TERM EMPLOYMENT CONTRACT SAMPLE

Fixed-term employment contracts are not limited, as they are under the present Labor Code, to those by nature seasonal or for specific projects with predetermined dates of completion; they also include those to which the parties by free choice have assigned a specific date of termination. A fixed-term employment is valid only under certain circumstances. In Brent School vs. Zamora [G.R. No. 48494, 5 February 1990, 181 SCRA 702], the Court identified several circumstances wherein a fixed-term is an [...]

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