LABOR
1702 – In case of doubt, all labor
Labor law- In the broadest sense, it includes
every possible human exertion, mental or
physical, and even spiritual.
- In a more limited sense, it refers to any bodily or
intellectual exertion done wholly or partly for a
purpose other than the pleasure derived from its
performance.
- is that body of statutes, rules and doctrines that
defines State policies on labor and employment
and governs the rights and duties of workers and
employers respecting terms and conditions of
employment by prescribing certain standards
therefor, or by establishing a legal framework
within which better terms and conditions could
be obtained through collective bargaining or
other concerted activity
Art. 3 DECLARATION OF BASIC POLICY- The state
shall afford protection to labor, promotion full
employment, ensure equal work opportunities
regardless of sex, race or creed and regulate the
relation between workers and employers. The
state shall assure the right of workers to self-
organization, collective bargaining, security of
tenure, and just and humane conditions of work.
(protection of the rights of workers)
Police Power of the State
Even without the applicable provision of the
Constitution mandating the protection and
promotion of the interest of labor, the state is
empowered to enact labor laws and social
legislation based on the immemorially- honored
principles of police power, one that inheres in
that state to protect itself and all its constituents.
The right to work, just like the right of every
person to pursue a business, occupation or
profession, is subject to paramount right of
government, pursuant to its police power, to
impose such regulations and restriction as the
protection of the public may require.
Construction in favor of labor
1. CIVIL CODE;S ART. 1702, IN RELATION TO
LABOR CODES ARTICLE 4.
The immemorially honored rule the
doubts in labor cases should be resolved
in favor of labor;
Art.
legislation and all labor contract shall be
construed in favor of the safety and
decent living for the laborer. (more
comprehensive cover all labor legislations which necessarily include
in labor code and other special laws, as well as all forms of labor
contracts which covers employment contracts and collective
agreement)
Art. 4 (Labor code) Construction in favor
of labor – all doubts in the
implementation and interpretation of the
provisions of this code including its
implementing rules and regulations, shall
be resolved in favor of labor. (is focused and
confined solely on the labor code and its implementing rules.)
Purpose; applies to all workers whether in the government or
in the private sector – in order to give flesh and vigor to the
pro-poor and pro- labor provisions of the Constitution. It is in
keeping with the constitutional mandate of promoting social
justice and affording protection to labor. Thus, when conflicting
interest of labor and capital are to be weighed on the scale of
social justice the heavier influence of the latter should be
weighed on the scales of social justice, the heavier influence of
the latter should be counterbalanced by sympathy and
compassion the law must accord the underprivileged worker.
Those who suffer in life should have more in law.
2. DOUBTS OR AMBIGUITY IN LABOR
CONTRACTS
a. Rules in case of employment
contracts.
GR; law is clear and categorical language,
there is no room for interpretation only
APPLICATION.
Only when the law is ambiguous or of
doubtful meaning the court interpret or
construe its intent. LIBERAL
INTERPRETATION
b. Rule in case of collective agreements
In the employment bargaining, the
employer stands on higher footing that
the employee. The law must protect the
labor to the extent, at least of raising him
to equal footing in bargaining relations
with capital and to shield him for abuses
bright about by the necessity to survive.
3. DOUBTS OR AMBIGUITY IN EVIDENCE
Art. 4 (labor) and Art. 1702 will also apply
to evidence.
4. THE RULE DOES NOT DEPRIVE EMPLOTERS
OF FAIR TREATMENT
It does not always mean that the
interpretation and construction in favor of
 labor does not mean that the capital
should, at all times, be at the losing end of
the controversy. Management also has its
own right which as such are entitled to
respect and enforcement in the interest of
simple fair play
CONSTITUTIONAL AND CIVIL CODE PROVISIONS
RELATIONG TO LABOR LAW
1. Constitutional provisions
Art. 2 (Declaration of Principles and
State Policies)
- Are not intended to be in the nature of self-executing
principles ready for enforcement through the courts.
They used by the judiciary as aids and guides in the
exercise of its power of judicial review and by
legislature in its enactment of laws.
Sec. 9
The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people
from poverty through policies that provide
adequate social services, promote full
employment, a rising standard of living, and an
improved quality of life for all.
-state ‘s policy to promote full employment to free the
people from poverty with the end of ensuring the
prosperity and independence of the nation.
Sec. 10 The State shall promote social justice in
all phases of national development.
-it is fundamental policy of the state to promote social
justice in all phases of national development. Social justice
calls for the humanization od laws and the equalization of
social and economic forces by the justice.
Sec. 18 The State affirms labor as a primary social
economic force. It shall protect the rights of
workers and promote their welfare.
 Protection to labor clauses it is often invoked in
resolving doubts and ambiguities in the
interpretation of labor laws, employment
contracts, collective bargaining agreements and in
the appreciation of evidence presented in the
labor proceedings.
 Art. 4 (Lc) and Art. 1702 (NCC)
 Thus, when conflicting interest of labor and capital
are to be weighed on the scales of social justice,
the heavier influence of the latter should be
counterbalanced by sympathy and compassion the
law must accord the underprivileged worker
Sec. 20 The State recognizes the indispensable
role of the private sector, encourages private
enterprise, and provides incentives to needed
investments.
 Enactment of laws that lay down a healthy
environment which encourages the private sector
to put up business that generate employment and
provide much needed goods and business that
generate employment and provide much needed
goods and services.
 The state cannot do it alone; it needs the active
participation of the private sector as a main engine
for national growth and development.
Bill of Rights
1. Sec. 4 No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances.
-right to picket, being a freedom of speech
Activity, for the purpose of validity. Thus, involves the act
of marching to and fro in front of the employers premises,
usually accompanied by the display of placards and other
signs making known the fact involved in a labor disputes.
2. Sec.8 The right of the people, including those
employed in the public and private sectors, to
form unions, associations, or societies for
purposes not contrary to law shall not be
abridged.
-generally, grants the right of the people from unions,
associations, or societies for purposes not contrary to law.
The state makes this available to both public and private
sector employees.
(a.) protects the right of workers to self-organization and
to form, join or assist labor organization of their own
choosing.
(b.) Declare the policy of the state the fostering of a free
and voluntary organization of a strong and united labor
movement.
(c.) Declares it shall be unlawful for any person to restrain,
coerce, discriminate against or unduly interfere with
employees and workers in their exercise of the right to
self-organization, which includes the right to form, join,
or assist labor organizations for the purpose of
collective bargaining through their representatives of
their own choosing and to engage in lawful concerted
activities for the same purpose or for their mutual aid
and protection.
3. Sec. 10 No law impairing the obligation of
contracts shall be passed.
The purpose of the non-impairment clause of the
Constitution is to safeguard the integrity of contracts
 against unwarranted interference by the state. As a
rule, contract should not be tampered with by
subsequent laws that would change or modify the
rights and obligations of the parties. Impairment is
anything that diminishes the efficacy of the contract.
However, the prohibition to impair the obligation of
contracts is not absolute and unqualified. In spite of
the constitutional prohibition, the state continues to
possess authority to safeguard the vital interests of its
people.
Police power is superior to the non-impairment
clause. In other words, the constitutional
guaranty of non-impairment of obligation of
contract is limited by the exercise of police power
of the state, in the interest of public health and
safety, morals and general welfare.
4. Sec.16 All persons shall have the right to a
speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.
-All person, employees and employers alike, the right to
speedy disposition of their labor cases and disputes before
all quasi-judicial or administrative bodies like the NLRC,
Bureau of Labor Relations, DOLE and other agencies tasked
to dispense labor justice as well as before judicial tribunals
like court of Appeals and the Supreme Court.
However, Speedy disposition of cases or speedy labor
justice is a relative term and a flexible concept. Speedy
disposition of labor cases may be the policy of the law, it
must be emphasized that speed alone is not the chief
objective of a trial. It is the careful deliberate consideration
for the administration of justice, a genuine respect for the
rights of all parties and the requirements of procedural due
process.
Sec. 2 The promotion of social justice shall
include the commitment to create economic
5. Sec. 18 (b) (2) No involuntary servitude in any
opportunities based on freedom of initiative and
form shall exist except as a punishment for a
self-reliance.
crime whereof the party shall have been duly
convicted.
Indicates that it is obviously applicable to criminal case
only. This explain why its 2nd paragraph on involuntary
servitude is phrased in this fashion: “No involuntary
servitude in any form shall exist as a punishment for a
crime whereof the party shall have been duly convicted”
3 labor law situations the concept of involuntary servitude
finds application namely;
1. Voluntary resignation- this article recognizes the
equality of the parties to an employment
relationship. Thus, an employee may resign from
the employment at any time he wishes and with or
without just cause, subject only to certain
minimum conditions imposed by law.
BPI v. BPI Employee Union -employment is a
personal consensual contract and absorption to
BPI of former FEBTC employee without the
consent of the employee is in violation of
individuals freedom to contract. It would be
different if there was an express provision in the
article of Merger that as a condition for the
merger, that BPI was being require to assume all
the employment contracts of all existing FEBTC
employees with the conformity of the employees
2. Return- to- work order in National Interest – is not
a matter of option or voluntariness but of
obligation. It must be discharged as a duty even
against the worker’s will. The worker must return
to his job together with co-worker so that the
operation of the company can be resumed and it
can continue serving the public and promoting its
interest. The workers may choose not to obey,
they do so at risk of serving their relationship with
their employer.
3. Compulsory Fulfillment of Military or Civic Duty.-
provides compulsory fulfillment of military or civic
duty on the part of employees, is another instance
which falls under the exception to this
constitutional proscription on involuntary
servitude. This is so because the constitutional
prohibition should be subordinated to the right of
the government to call upon its citizens to protect
their states. The survival of the state is the
paramount justification for such involuntary
servitude.
SOCIAL JUSTICE AND
HUMAN RIGHTS
(ART. XII OF THE CONSTITUTION)
 To promote social justice in all phases of national
development, promotion of social justice shall
include the commitment to create economic
opportunities based on freedom of initiative and
self-reliance.
 Social Justice is neither communism, nor
despotism nor atomism, nor anarchy but the
humanization of laws and the equalization of
social and economic forces by the state so that
justice in its rational and objectively secular
conception may at least be approximated. It
means a promotion of the welfare of all the
people, the adoption by the government measures
calculated to insure economic stability of all the
competent elements of society, through the
 maintenance of a proper economic n=and social
equilibrium in the interrelations of the members of
the community, constitutionally, through the
adoption of measures legally justiciable, or extra-
constitutionally, through the adoption of measures
legally justifiable, or extra constitutionally, through
the exercise of power underlying the existence of
all governments on time honored principles of
salus populi est suprema lex.
Sec. 3 (Protection to labor clause)
The State shall afford full protection to labor,
local and overseas, organized and unorganized,
and promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self-
organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with
law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.
They shall also participate in policy and decision-
making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to
foster industrial peace.
The State shall regulate the relations between
workers and employers, recognizing the right of
labor to its just share in the fruits of production
and the right of enterprises to reasonable returns
on investments, and to expansion and growth.
The state affirms labor as primary social economic force. It
shall protect the rights of workers and protect the rights of
workers and promote their welfare.
The same provision of the constitution also directs the state
to promote “equality of employment opportunities for all.”
To ensure equal work opportunities regardless of sex, race
or creed.
Sec. 14 The State shall protect working women by
providing safe and healthful working conditions,
taking into account their maternal functions, and
such facilities and opportunities that will enhance
their welfare and enable them to realize their full
potential in the service of the nation.
The cognizant of the disparity in rights between men and
women in almost all phases of social and political life,
provides a gamut of protective provisions. Declaration of
principles and state policies, expressly recognizes the role
of women in national-building and commands the state to
ensure at all times the fundamental equality before the law
of women and men.
 Shall protect working women through provisions
for opportunities that would enable them to reach
their full potential.
CONSTITUTIONAL RIGHTS THAT CANNOT BE
INVOKED IN COMPANY-LEVEL ADMINISTRATIVE
CASES
1. INAPPLICABILITY PER JURISPRUDENCE
Certain constitutional rights and precepts
may NOT be invoked in labor case particularly
in company level administrative investigations
leading to termination of employment
because they can only be asserted against
the government or the state but not against
a private party like an employer. More
particularly, the following rights, per well-
entrenched jurisprudence, generally find no
application in company-level administrative
case initiated or lodged by the employer
against an erring employee:
a.) Right to constitutional due process
b.) Right to equal protection of the laws; and
c.) Right to counsel
Can be invoked only when the labor case is finally
lodged with the labor and judicial courts, in which
case, any deprivation thereof would afford the
employee the right to invoke them, this time
against the government or state as represented
by the labor and judicial authorities.
INAPPLICABILITY OF RIGHT TO CONSTITUTIONAL
DUE PROCES
1. Statutory Due Process Applies- does not
apply to company- level administrative
investigation that may result in the
dismissal of an employee. What applies is
the statutory due process.
 Like constitutional due process has two
aspects; substantive the valid and
authorized cause of employment
termination under the labor code; and
procedural requirements for dismissal are
found in Implementing rules.
Constitutional- due process protect the
individual from the government and
assures him of his rights in criminal , civil
or administrative proceedings; while
Statutory- due process found in labor code
and implementing rules protect employees
from being unjustly terminated without
just cause after notice and hearing.
Hence, when the employer, in terminating
its employee, does not afford the latter
the procedural due process he deserves, it
is not the constitutional due process that
violated but only the statutory due
process provided in the Labor code.
Administrative bodies, due process;
 The right to a hearing which includes the
right to present one’s case and submit
evidence in support thereof.
 The tribunal must consider the evidence
presented.
 The decision must have something to
support itself.
 The evidence must be substantial
 The decision must be rendered on the
evidence presented.
 The judge must act on its own
independent consideration of law and
facts of the controversy.
 The board or body should, in all
controversial questions, render its
decision insuch manner that the parties to
the proceeding can know the various
issues involved and the reason for the
decision rendered.
2. Constitutional Due Process, when
observed.
This only becomes necessary only when a
labor case has already been filed with the
labor courts and subsequently when it
reaches the superior courts (CA and SC).
As distinguished form employers company
level due process, the government is now
involved; any deprivation of due process
of either party- the employee or employer
to the labor suit by such labor
officials/tribunals or superior courts
would constitute a violation of the rights
to constitutional due process under sec. 1
Art 3 of the Constitution.
INAPPLICABILITY OF RIGHTS TO EQUAL
PROTECTION OF THE LAWS
1. Rationale for it’s inapplicability
-Failure of the employer to give the employee the
benefit of procedural due process before he is
dismissed constitutes an infringement not only of
his constitutional right to due process of law but
to equal protection of law. The commands of the
equal protection clause are addressed only to the
state or those acting under color of its authority.
Exception occurs when the state in any of its
manifestations or actions, has been found to
have become entwined or involved in a wrongful
private conduct. Absent this exception, this
constitutional tenet cannot be invoked in private
proceedings such as an administrative case of an
employee leading to her/his dismissal.
INAPPLICABLITY OF RIGHT OF COUNSEL
1. Invocation of right to counsel in an
Administrative proceeding
The right to counsel cannot be invoked in
administrative proceedings
The right to counsel attaches only upon the start
of such investigation.
The admission was made by petitioners during
the course of the investigation conducted by
private respondent’s counsel to determine
whether there is sufficient ground to terminate
their employment. Petitioners were not under
custodial investigation as they were not yet
accused by the police of committing a crime.
2. Effect of failure of employer to inform
employee of his right to counsel
The protestations of respondent- employer that
the right to be informed of the right to counsel
does not apply to investigations before
administrative bodies and the law and
jurisprudence merely give the employee the
option to secure the services of counsel in a
hearing or conference.
3. The Lopez Doctrine
New pronouncement, to the above rule, the
effect that the right to counsel and the assistance
of one in investigations involving termination
cases in neither indispensable nor mandatory. It
is only under ant of the following circumstances
that such right becomes indispensable and
mandatory:
1. When the employee itself request for a
counsel
2. When he manifests that he wants a
formal hearing on the charges against him
If there is no showing that an employee has
requested for a formal hearing to be conducted
or that he be assisted by council, there can be no
deprivation if due process to speak of.
Lopez doctrine- petitioner should have been
afforded or at least advised of the right to
counsel.
CIVIL CODE PROVISIONS
1. RELEVANT PROVISIONS
Art. 1700 The relations between capital and labor
are not merely contractual. They are so
impressed with public interest that labor
contracts must yield to the common good.
Therefore, such contracts are subject to the
special laws on labor unions, collective
bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of labor and
similar subjects.
A contract is defined as a meeting of minds between two
persons whereby one binds himself, with respect to the
other, to give something or to render some service.
They are free to stipulate any terms and conditions in
contracts as along as not contrary to law, moral, good
customs, public order, public policy. This presupposes that
the parties to a contract are in equal footing. They can
bargain on terms and conditions until they are able to
reach an agreement.
The employment contracts are subject to regulatory review
by the labor tribunals and courts of law. The law serve to
equalize the unequal. Contracts in labor contracts are not
ordinary contracts; there are imbued with public interest
and therefore subject to police power of the state.
2. Kinds of Labor Contract
The employment contracts referred to in Art.1700 may
either be;
1. Employment Contract
2. Collective bargaining agreement
Project contract which fix the employment for a specific
project or undertaking remain valid under the law.
Art. 1701 clearly mandates that neither capital
nor labor shall act oppressively against the other,
or impair the interest or convenience of the
public. Our law provides for a clear preference for
labor.
Art. 1703- is very clear in its prohibition that no
contract which practically amount to involuntary
servitude, under any guise whatsoever, shall be
valid.
EMPLOYER -EMPLOYEE RELATIONSHIP
Test to determine the existence of Employer-
Employee Relationship
1. Four Fold test
a. Selection and engagement of the employee
b. Payment of wages or salaries
c. Exercise of the power of dismissal ; or
d. Exercise of the power to control the
employee’s conduct
The test addresses the issue of whether the
employer controls or has reserved the right to
control the employee not only as to the result of
the work to be done but also as to the means and
methods by which the same is to be
accomplished.
Employer -employee relationship exists where
the person for whom the services are performed
reserved the right to control not only the end or
result to be achieved but also the means and
methods to be used in reaching such end. Absent
the power to control the employee with respect
to the means and methods by which his work was
to be accomplished will only mean that there is
no employer-employee relationship between the
parties to speak of. (e.g. power to hire and
dismiss)
2. Francisco Doctrine 2-tiered test (Francisco
vs. NLRC)
 Control test sometimes is not sufficient to
give a complete picture of the relationship;
1. The putative employer’s power to
control the employee with respect to the
means and methods by which the work is
to be accomplished (control test)
2. The underlying economic realities of the
activity or relationship (economic reality
test) calls for the determination of the nature of the
relationship based on the circumstances of the whole
economic activity.
KINDS OF EMPLOYEMENT
1. Classification of employee
a. Regular – employees or those who
have been engaged to perform
activities which are usually necessary
or desirable in the usual business or
trade of the employer.
b. Project- employees or those whose
employment has been fixed for a
specific project or undertaking, the
completion or termination of which
has been determined at the time of
the engagement if the employee.;
c. Seasonal- employee or those who
work or perform services which are
seasonal in nature, and the
employment is for the duration of the
season; and
d. Casual- employee or those who are
regular , project or seasonal
employees.
Regular Employment
Legal basis
Art. 295 Regular and Casual Employment
The 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 to perform activities
which are usually necessary or desirable in the
usual business or trade of the employer, except
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 the engagement of the employee or
where the work or service to be performed is
seasonal in nature and the employment is for the
duration of the season.
An employment shall be deemed to be
causal if it is not covered by the preceding
paragraph; provided, that any employee who has
rendered at least one year of service, whether
such service is continuous or broken, shall be
considered a regular employee with respect to
the activity in which he is employed and his
employment shall continue while such activity
exist.
2. Default Employment
Regular employment. – this means that an
employee is deemed regular under the
following circumstanes:
a. By nature of work- employee engaged to
perform activities which are usually
necessary or desirable in the usual business
or trade of the employer/ related to principal
business of the employer
b. By period of service- employee is allowed to
work beyond the agreed period
probationary, project, seasonal, casual or
fixed-term employment, irrespective of
whether it is just one day or more after the
lapse of such period
c. No definitive description of kind of
employment- when no definite kind of
employment agreed upon by the employer
and the employee
d. Absence of written contract- when there is
no written employment contract prescribing
other kinds of employment. There should be
written contract of employment if the
employer and employee mutually agree on
such kind of employment as probationary,
casual, seasonal , project or fixed term.
If there is a doubt as to the status of
employment the default should always be
regular.
3. Some principles on regular employment
a. Written or oral agreement is immaterial to
determine regularity of employment,
b. To perform activities which are usually
necessary or desirable in the usual business
or trade of the employer
c. There is a need to execute a written
employment contract if intention is to
stipulate on such other kinds of employment.
d. Doctrine of adhesion applies to employment
contracts. It must be emphasized , however,
that the rule in the interpretation or
construction of contracts of adhesion does
not apply when the stipulations contained in
a contract are not obscure or ambiguous.
e. No declaration or appointment paper
necessary to make one a regular employee
f. Fixed- period employment- is the exception to
the rule that an employee becomes a regular
by reason of nature of work or period of
employment because in fixed period
employment. The decisive determinant is the
day certain agreed by the parties to the
commencement and termination of their
employment relationship.
g. The act of hiring and re-hiring the employee
over a period of time without considering
them as regular employees proves bad faith
on the part of the employer.
h. Manner and method of payment of wage or
salary is immaterial to the issue whether the
employee is regular or not
CASUAL EMPLOYMENT
-where an employment is engaged to perform a
job, work, or service which is merely incidental to
the principal business of the employer.
SOME PRINCIPLES ON CASUAL EMPLOYMENT
a. casual employee becomes regular after one
year of service by operation of law
b. no regular appointment is necessary for a
casual employee to become regular
c. the one year period should be reckoned form
the hiring date
d. repeated rehiring of casual employee makes
him a regular employee
e. the wages and benefits of a casual employee
whose status is converted into regular
employment should not be diminished
PROBATIONARY EMPOYMENT
Legal basis
Art. 296 Probationary Employment- Probationary
employment shall not exceed six months from
the date the employee started working, unless it
is covered by an apprenticeship agreement
stipulating a longer period. The services of an
employee who has been engaged on a
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 time of his engagement. An
employee who is allowed to work after
probationary period shall be considered a regular
employee.
Nature of probationary
- right of the newly hired employee under a
probationary period or may choose not to do
so as part of the power to hired
- employer puts the employee under
probationary employment, the employee
would be given a certain period of time
within which to prove he deserves to be
regularized.
Probationary period, how reckoned and
computed
- from the date of appointment up to the
same calendar date of the 6th month
following.
Probationary vs fixed
Intention of the employer and employee. Both
employments involve fixed terms of durations
Probationary the parties mutually intended to
make their relationship regular after the lapse of
the period.
Fixed term no such intention exists and the
relationship automatically terminates at the
expiration of the period.
Probationary cannot be stipulated within the
fixed period of employment.
It cannot be stipulated that after hurdling
probationary period, the employee does not
become regular but merely a project employee
Some principles on probationary employment
- probationary period may be extended but
only when the employee agrees to such
extension. Absent such agreement would
make the extension invalid, hence the
employee would be considered as having
become a regular employee after the lapse
of the original probationary period.
- an employer who is allowed to work even for
a day after the probationary period is
considered a regular employee.
- Employment is deemed regular if the
employment contract has no stipulation on
probationary period
- Employee is deemed regular absent any
written contract to prove probationary
employment. A verbal contract of
probationary employment us invalid, hence,
the employee is deemed a regular employee.
- Repetitive rehiring of a probationary
employee means he has become a regular
employee
- Regular worker of previous owner of
business may be hired as probationary
employee of new owner
- Probationary employment cannot be
adinifitum
Termination of Probationary Employment
A security of tenure of probationary employee
6-months probationary
-are entitled to security of tenure
notwithstanding their limited tenure and non
permanent status.
During probationary they cannot be dismissed
except;
1. For a just cause
2. For authorized cause
3. When probationary employee fails to qualify
as a regular employee in accordance with the
standard
Requisites of the ground of failure to qualify as a
regular employee;
1. The employer must communicate to the
employee that he is being hired on a
probationary basis
2. The employer must convey to the
probationary employee the reasonable
standards to qualify for regularization
3. The probationary status of the newly-hired
employee must be communicated to him
prior to the commencement of his
employment;
4. The employer must convey these reasonable
stand
5. The employer must evaluate the
performance of the probationary employee
in relation to the duly communicated
reasonable standards; and
6. The employee fails to comply with these
reasonable standards before the completion
of the probationary period.
Procedural Due Process
1. Just cause
2. Authorized cause
3. Written notice of termination not verbal
Some principles on termination of employment
of probationary
1. Termination to be valid must done prior to
lapse probationary period
2. Termination a day or a few days after the
lapse of probationary period cannot be done
without due process as he has already
become a regular employee by that time
3. Peremptory and arbitrary termination of
probationary employee is not alloawed
4. No obligation to pay unexpired portion in
case of valid termination prior to lapse if
probationary
5. Agabon doctrine applies if dismissal of
probationary employee for a just cause is
without due process. Thus, the termination is
considered legal but the employee will be
awarded an indemnity in the form of nominal
damages of Php 30,000
6. Jake doctrine applies if dismissal of
probationary employee for an authorized
cause is without due process. The amount of
indemnity is higher: php 5000
Project Employment
Project employees are those hired;
1. For a specific project or undertaking; and
2. The completion or termination of such
project has been determined at the time
of their engagement.
2 Categories of project Employees
1. Particular job or undertaking that is within
the regular of the employer company but
which is distinct and separate, and
identifiable as such, from the other
undertaking of the company
2. A particular job or undertaking that is not
within the regular business of the
corporation.