1.

What are the kinds of employment and which ones are entitled
to the right of security of tenure?
a. Regular Employment
i. those who are engaged to perform activities which are
usually necessary or desirable in the usual way of
business or trade of the employer
ii. those who have rendered at least 1 year of service,
whether continuous or broken with respect to the activity
to which they are employed
b. Casual Employment
c. Fixed-Period Employment
d. Probationary Employment
all are entitled to security of tenure
2. What is project employment? When does a project employee
become regular?
Project Employment is one 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 engagement of the employee.
A project employee may acquire the status of a regular employee when
the following concur:
a. there is a continuous rehiring of project employees even after
cessation of a project; and
b. the tasks performed by the alleged project employee are vital,
necessary and indispensable to the usual business or trade of
the employer
3. What are the kinds of fixed-period employment and under
what circumstances are they considered valid?
Project Employment
Seasonal Employment
those to which the parties by free choice have assigned a specific
date of termination
Fixed-period employment is valid, provided the same is entered into by
the parties without any force, duress or improper pressure being brought
to bear upon the employee and absent any other circumstance vitiating
consent.
4. Who is considered regular seasonal and regular casual
employee?
Regular Seasonal Employees are those called to work from time to
time. They are not, strictly speaking, separated from the service but
merely considered as on leave of absence without pay until they are
reemployed. Their employment relationship is never severed but only
suspended.
Regular Casual Employees are those who have rendered at least 1 year
of service, whether continuous or broken and are considered regular

employees with respect to the activity to which they are employed and
their employment shall continue while such activity exists.
5. What are the rights of a probationary employee?
(a) the services of an employee who has been engaged on probationary
basis may be terminated for a just cause or when he fails to qualify as
a regular employee in accordance with reasonable standards made
known by the employer to the employee at the of his engagement
(b) an employee who is allowed to work after a probationary period shall
be considered a regular employee
6. May an employer contract out a regular job?
Yes, an employer may contract out a regular job provided when it is
done in good faith and justified by exigencies of the business. It has to
be so because survival, expansion, and even dominance are legitimate
aims of business and management is allowed by law and impelled by
business economics to take lawful measures to realize these
aspirations.

1. Serious misconduct as a valid reason of dismissal require

certain elements. What are those?
Elements of Serious Misconduct (Phil. Aeolus v NLRC, 2000)
1. serious;
2. relate to the performance of the employees duties;
3. employee has become unfit to continue working for the employer
2. If an employee, on ground of inconvenience, disobeys an order
transferring him to another location or job, may such an
employee be dismissed?
Inconvenience to the employee does not necessarily invalidate a
transfer order. but inconvenience caused by unreasonableness of the
transfer order makes the order itself invalid, and disobedience thereof is
not a reason to dismiss the worker. However, if the following concur, the
employee may be dismissed: (1) the employees conduct must have been
willful or intentional, the willfulness being characterized by a wrongful and
perverse attitude; and (2) the order violated must have been reasonable,
lawful, and made known to the employee and must pertain to the duties
which he had been engaged to discharge.
3. Is ignorance an excuse for having violated a company policy or
regulation?

4. Under what conditions or circumstances may an employee be

dismissed on ground of loss of confidence?
a. loss of confidence shall not be simulated;
b. it should not be used as a subterfuge for causes which are
improper, illegal, or unjustified;

c. it may not be arbitrarily asserted in the face of overwhelming

evidence to the contrary;
d. it must be genuine, not a mere afterthought to justify earlier
action in bad faith; and
e. the employee involved holds a position of trust and confidence

1. In what respects are the authorized causes and the just

causes the same and different?
2. What are the authorized causes and the corresponding rates of
separation pay? What authorized cause does not entail
payment of separation pay?
Introduction of labor-saving devices
Redundancy

Retrenchment

Closure of business as a result of

grave financial loss
Closure not due to losses
Disease

Equivalent to at least his 1 month

pay or to at least 1 month pay for
every year of service whichever is
higher
1111111Equivalent to at least his 1
month pay or to at least month
pay for every year of service
whichever is higher

Equivalent to at least his 1 month

pay or to at least month pay for
every year of service whichever is
higher

3. How does preventive retrenchment differ from redundancy?

4. Explain the four standards of a valid retrenchment.

1. The losses expected should be substantial and not merely de minimis
in extent. If the loss purportedly sought to be forestalled by
retrenchment is clearly shown to be insubstantial and inconsequential
in character, the bona fide nature of the retrenchment would appear to
be seriously in question.
2. The substantial loss apprehended musty be reasonably imminent, as
such imminence can be perceived objectively and in good faith by the
employer. There should be a certain degree of urgency for the
retrenchment.
3. It must be reasonably necessary and likely to effectively prevent the
expected losses. The employer should have taken other measures prior
or parallel to retrenchment to forestall losses.
4. Alleged losses, if already realized, and the expected imminent losses
sought to be forestalled, must be proven by sufficient and convincing
evidence.


1. In employment termination, what does procedural due process
consist of for the just causes? for the authorized causes?
2. If the termination is justified by a valid cause but done without
observance of due process, is the termination legal?
3. What is constructive dismissal? Is preventive suspension
exceeding thirty days considered constructive dismissal?
4. Who has the burden of proof in dismissal cases?

1. If the termination is based on any authorized cause, the

employee is entitled to separation pay, and nothing if it is due
to a just cause. What are the exceptions?
2. What are the kinds of separation pay?
3. May backwages be awarded on appeal if the employee did not
appeal its denial?
4. In what situations may reinstatement be denied even if the
termination is invalid?
5. In termination disputes, what is indemnity? May it be imposed
in addition to backwages?
6. Is a manager personally liable for the illegal dismissal of an
employee?