regular employment Archives - LVS Rich Publishing

07 Feb

Presumption of Regular Employment Applies in the Absence of Clear Employment Agreement

Regular employment is presumed in the absence of a clear agreement or contract, whether written or otherwise, which would clearly show that the employee was properly informed of his employment status with employer. In the case of Regala vs. Manila Hotel Corporation, a waiter (Regala) in a hotel (MCH), the Supreme Court (SC) ruled that the employee is a regular employee where the court found that he was performing activities which are necessary and desirable, if not indispensable, in the [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, fixed-term, labor, Labor Code, labor law, presumption, regular employment 0 Comments Read more...

20 Oct

Supremacy of the Labor Laws over the Nomenclatures in Employment Contracts

The supremacy of the law over the nomenclature of the contract and the stipulations contained therein is to bring to life the policy enshrined in the Constitution to afford full protection to labor. Labor contracts, being imbued with public interest, are placed on a higher plane than ordinary contracts and are subject to the police power of the State. (GMA Network, Inc. vs. Pabriga, .R. No. 176419. November 27, 2013) Thus, in a claim of complainants that they are regular [...]

By Atty Elvin Labor Law atty. elvin, employment contracts, labor, Labor Code, labor law, project employment, regular employment 0 Comments Read more...

17 Oct

Presumption of Regular Employment and Acceptability of Fixed Term Engagement

The employment status of a person is defined and prescribed by law and not by what the parties say it should be. (Regala vs. Manila Hotel Corporation, G.R. No. 204684, October 05, 2020) In this regard, the Supreme Court (SC) heldin Regala that, 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 [...]

By Atty Elvin Labor Law atty. elvin, employment contract, fixed-term, labor, Labor Code, labor law, regular employment 0 Comments Read more...

16 Oct

Regular Employment and Necessity to be Covered by Employment Contract

Most business owners, HR practitioners, and managers know that when an employee is of regular status he does not need a written contract to be entitled to the benefits. This brings the issue of whether it still makes sense to execute a written agreement that such an employee is already of regular status. It is my view that there is still a need to execute the Regular Employment Contract with employee who is able to attain the regular status. The reason [...]

By Atty Elvin Labor Law ambiguity, atty. elvin, contract for regular employment, employment contract, labor, Labor Code, labor law, regular employment 0 Comments Read more...

10 Oct

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 regular [...]

By Atty Elvin Labor Law atty. elvin, employment contract, fixed-term employment, labor, Labor Code, labor law, project employment, regular employment, seasonal employment 0 Comments Read more...

11 Oct

Employee on a Per Trip Basis can be Regular Employee

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged to perform activities which are necessary or desirable in the usual business or trade of the employer. Rodrigo A. Upod vs. Onon Trucking and Marketing Corporation and Aimardo V. Interior G.R. No. 248299, July 14, 2021 Regular employment of truck drivers in hauling business; Where the employee performed acts necessary and desirable to respondent company’s business [...]

By Atty Elvin Labor Law atty. elvin, elements of employer-employee, employee, employer, Employer-employee, Labor Code, labor law, regular employment 22 Comments Read more...

26 May

Regular Employment Rules and Principles

Regular employment is deemed to exist where the employee has been engaged to perform activities which are usually necessary or desirable in the usual. This is the express provision of the Labor Code, as amended. Thus, in Article 295 [Formerly Article 280] of the Labor Code, it states that 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 [...]

By Atty Elvin Labor Law, Uncategorized regular employment 12 Comments Read more...

20 Mar

Regular Employment Contract Sample

Regular employment grants full security of tenure to employee unlike in some other forms of employment. For instance, a regular employee cannot be dismissed due to expiration of contract, end of season, completion of projects, etc. He can only be dismissed for cause or when the business exigencies or operation of the company demands it such as redundancy, retrenchment, and closure. Regular employment contract should embody the respect to such security of tenure and at the same time maximize the potential [...]

By Atty Elvin Labor Law, Sample Forms regular employment 16 Comments Read more...

06 Jul

Regular Employment Rules (Part 3 of 3)

Regular employment has two kinds: 1. Performance of activities which are usually necessary or desirable in the usual business or trade of the employer; and, 2. Rendering service at least one (1) year of service whether continuous or broken with respect to the activity workers are employed. This is the final part of the post on regular employment based on the book Guide to Valid Dismissal of Employees Second Edition by Atty. Villanueva. In tandem with Article 2811 of the Labor Code, Article [...]

By Atty Elvin Labor Law regular employment 17 Comments Read more...

06 Jul

Regular Employment Rules (Part 2 of 3)

Regular employment is a form of employment where employees are accorded the security of tenure under Article 279 [now 294] of the Labor Code, as amended. Get an updated/re-numbered copy of the Labor Code 2017 by Atty. Elvin Why is it important to know whether the position is regular or not? Regular employees can only be dismissed based on just or authorized cause or those provided under the Labor Code. Non-regular workers may be separated from the company for failure to [...]

By Atty Elvin Labor Law regular employment 16 Comments Read more...

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