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Tag - seasonal employment

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 [...]

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22 Jun

Backwages Computation of Seasonal Workers in Sugarcane Industry Should be Based on the Presumed Six-Month Work Per Year in the Absence of Evidence to the Contrary

Backwages should be awarded to an employee who were illegally dismissed from service. Under Art. 294 of the Labor Code, as amended an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (Get a [...]

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17 Jun

Minimum Wage Rates Apply for Piece Rate Workers where there is no Evidence of Approved Time and Motion Study

Minimum wage rates are applicable to piece-rate workers in the absence of wage rates approved by the Secretary of Labor in accordance with the appropriate time and motion studies. This is based on the February 2019 case of Ramiro Lim & Sons Agricultural Co., Inc., vs. Guilaran, et al. decided by the Supreme Court (SC) as discussed below. Article 124 of the Labor Code of the Philippines provides that all workers paid by result, including those who are paid on piecework, [...]

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22 Mar

Seasonal Employment Contract Sample

Seasonal employment arises where the work or service to be performed is seasonal in nature and the employment is for the duration of the season. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 1 by Atty. Elvin B. Villanueva. A “seasonal employee” is one whose work or service to be performed is seasonal in nature and the employment is for the duration of the season. For instance, department stores augment their workforce during Christmas season [...]

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