FORMULAS OF EMPLOYMENT
Type of Employee Formula
REGULAR Nature of Work Test + Period of Service
Test + Probationary Employee Test
Casual Employee + At least 1 year
Project Employee + Continuous Rehiring
for Same Tasks + Nature of Work Test
Seasonal Employee + Employed for More
than 1 Season + Rehired for Same Task
Fixed Period Employee + The Regular
Employee is the One Who Requested a
Fixed Period (Brent v. Zamora Doctrine)
Fixed Period Employee + Worked Beyond
Fixed Term Without New Contract + Work
for More Than 1 Year
Probation Employee + Worked after the
probationary period
CASUAL Incidental Work + Definite Period Made
Known At the Time of Engagement
PROJECT Fixed for Specific Project + Completion
Made Known At the Time of Engagement +
Dismissed Every After Project + Report to
DOLE of Dismissal
REGULAR Completion of Phase/Project Will Not Mean
PROJECT Severance of E-E Relationship + Indefinite
Period + Not Free To Offer Services To
Other Employers
SEASONAL Employed in A Season + Necessary or
Desirable Nature of Work Test
FIXED-PERIOD Necessary or Desirable Work + Security of
Tenure During Fixed Period + Fixed Period
Must Be Knowingly Agreed Upon by
Employee
PROBATIONARY Must Learn Work + Fixed Probation (6 mos)
+ Temporary Employment Prior to
Regularization + Qualifications must be
known at the time of Engagement
Garcia, JM (Beda) 2H
Notes
Nature = Reasonable
Connection, necessary and
desirable
Period = At least 1-year service,
whether continuous or broken
Probationary = Allowed to work
after probationary period
Employment must not be at
least 1 year
Project = may or may not be
within the regular or usual
business of the employer
Free to offer services to any
other employer
Also called as non-project
employees in a work pool
Season need not be 1 year or
consecutive
Fixed term must be dealt with by
employer and employee on
equal terms with no moral
dominance
Fixed term must not be contrary
to law, morals, good customs,
public order, and public policy
Employer may validly terminate
for not qualifying, just and
authorized causes
6 mos may be extended
(management prerogative,
teachers, by agreement)