Labor Relations - Midterm Transcript 2014

Labor Relations – Midterm Transcript

Labor Relations – Midterm Transcription (AY 2014-2015) Atty. Jefferson Marquez

TOPIC 1: THE APPLICABLE LAWS Q: What law can we find the Labor Code of the Philippines? (Complete your answer) A: PD 442 Q: When did PD 442 take effect? A: Nov. 1, 1974 Q: When is Labor Day? A (Ivar): May 1 (Every Year) Q: What are the 3 Fields of Labor? 1. Labor Standards 2. Labor Relations 3. Social Legislation Q: What is Labor Relations? A: Defines the status, rights, duties, as well as the institutional mechanism that govern the individual and collective interactions between employers, employees, and their representatives Q: How is labor relations enforced to improve the terms and conditions of employment? Thru: 1. 2. 3. 4. 5.

collective bargaining agreement unionization dispute resolution voluntary arbitration compulsory arbitration

Q: What are the 4 Systems of Labor? 1. 2. 3. 4.

Slavery Serfdom Free Artisan (Independent Contractor) Wage System

Q: Which among the 4 are prohibited under our Constitution? A: Slavery and Serfdom Q: What is Slavery? Page 1

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A: Refers to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt bondage or deception. (DO 65-04 S2004) The worker is owned by another at his free disposal. Q: What are the prohibitions against slavery? 1. Section 18(2) of the Constitution: No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. 2. Article 272, Revised Penal Code: Slavery. — The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him. 3. Section 4 (a) of RA9208: Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,involuntary servitude or debt bondage; Q: What is the prohibition in the Philippines against Serdom? 1. Art. 274 of the RPC. Services rendered under compulsion in payment of debt. 2. RA 7610

Q: Is Slavery the same as Involuntary Servitude? Is there a provision in the Civil Code that prohibits Slavery? A: Yes: 1. Art 1703 of the Civil Code: No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid Other laws: 1. Constitution 2. Revised Penal Code Q: What about Serfdom? What laws? 1. Article 274 of the RPC: Services rendered under compulsion in payment of debt. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in Page 2

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order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer. 2. Special Law: Section 12-D, RA7610 as amended: No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: (1) All forms of slavery, as defined under the "Antitrafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; Q: Does labor code provide when this rules and regulations be implemented? Art. 5. Rules and regulations. The Department of Labor and other government agencies charged with the administration and enforcement of this Code or any of its parts shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days after announcement of their adoption in newspapers of general circulation. THIS IS FOR DUE PROCESS, Ignorance of the Law excuses no one

Q: What are Rules as to interpretation of the labor rules and regulation? A: Art. 4. 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. Q: Have you come across a provision in the civil code as to how this labor laws must be construed? A: Art 1702, Civil Code: In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. Q: What is 1702 worded like that, that justice should be in favor worker, why is interpretation should be resolve in favor of the labor? A: (1) Social Justice – Giving a person his due in the society. If a person works for a specified number of hours, he should be compensated accordingly. “Those who have less in life should have more in law – Ramon Magsaysay” A: this article of the law underscores the principle that those who have less in life should have more in law. This provision proves that capital and labor do not stand in equal footing. The labor is dependent in capital in terms of salary. This is different in a case of an independent contractor because latter is not an employee. Q: If you are the independent contractor can you dictate on the client or customer how much to be paid for services rendered? A: Yes Q: Is there a provision in the labor code on free artisanship/independent contractor ship? Page 3

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A: there is none. Labor Code is only for the EE-ER relationship. ART 106, 107, 108 & 109 on contracting arrangement is different from an independent contractor ship so don’t confuse this two. In contracting arrangement there are three parties the principal, the independent contractor and the contractual employee.

Q: Basis for enacting Labor laws? 1. 2. 3. 4.

Police Power; Social Justice; Protection to Labor Clause; Doctrine of Incorporation;

Q: Give another basis for the enactment of Labor laws. A: (1) Police Power - Inherent power of the state to enact legislations that may interfere with personal liberty or property in order to promote the general welfare of the people. (General Welfare clause) Example: Labor Code PD 442 Q: So far as our subject, do you consider a person’s job or occupation a property? A: Yes Q: What provision in the Labor Code is specific to Police Power? Article 263 LC (g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment (SOLE) may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration… Reason: SOLE may compel the employer to admit the employees and the employees to return to their work. Atty’s Discussion: (Labor Standards) Art 263 (g): when there is a labor dispute likely to cause of causes a strike in an industry indispensable to national interest, the SOLE can assume jurisdiction. The striking workers are required to return to work whether they like it or not. As much as they want to exercise their right to strike and self-organization, it can be interfered. Any interference is Constitutionally valid under Police Power. Q: Another basis for the enactment of Labor Laws? Page 4

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A: (2) Social Justice – Giving a person his due in the society. If a person works for a specified number of hours, he should be compensated accordingly. “Those who have less in life should have more in law – Ramon Magsaysay” Q: Can you think of a law that was enacted by congress on the basis of Social Justice? 1. Retirement Law, Art 287 of the Labor Code; (Retirement Pay: 1/2 months’ salary/pay for every year of service) The money comes solely from the employer 2. RA 7610 (Anit-Child Abuse Act) as amended by RA 9231; 3. Migrant Workers Act NOTE: Taxation: exempts minimum wage earners to income tax  another example of Social Justice as a basis. Q: Is there any other basis for the enactment of Labor Laws? (3) Doctrine of Incorporation – Article 2, Section 2, 1987 Constitution. - The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law (GAPIL) as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Atty’s Discussion: (Labor Standards) The state enters into an international agreement especially in labor laws, those agreements shall form part of the laws of the land. Q: Give me an international convention that became the basis for the enactment of a legislation and give me the counterpart law? Example of a law enacted by Congress in accordance with an International Agreement: RA 7610 Anti-Child abuse law. Protection from Child Labor. Under the anti-child abuse law, it contains the prohibition of employment for children below 15 years of age unless under the supervision of their parents in accordance with the guidelines of DOLE. We have many International Conventions. Aside from that mentioned by (Stephanie), also included are the: a. International convention on the right to self-organization Page 5

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b. International convention on the right to collective bargaining The Philippine Congress enacted the laws that embody those International Agreements; the right to self-organization and the right to CBA are found black in white under the existing labor laws in the Philippines. From Spectra Notes: Cite at least 5 International Labor Organization (ILO) Conventions: 1. C87 Freedom of Association and Protection of the Right to Organize to Convention (1948) 2. C99 Minimum Wage Fixing Machinery Convention (1951) 3. C105 Abolition of Forced Labor Convention (1957) 4. C17 Workmen’s Compensation (1925) 5. C149 Tripartite Consultation Convention (1976) Q: Give a fourth basis for the enactment of labor laws? A: (4) Protection to Labor – Article XIII, Section 3, 1987 Constitution. 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. Example: Migrant Worker’s Act (Migrant Workers and Overseas Filipino Act) Q: Why do u need to enact a special law to protect this people overseas are not this foreign country’s bound by our domestic law? A: in order to make sure that before the workers are sent out the laws of the other country’s labor laws are not oppressive.

Q: LIMITATIONS of labor laws? Equal Protection - Magna Carta not an example of equal protection but was enacted to avoid discrimination of women in working during night Ex. Case on Filipino teacher must be treated equally with Foreigner Teachers. Discuss. Review case. Q. what if for nationality you enact a law that will give more benefit to Filipino teachers than to foreign teachers. Is there anything wrong with this law? Page 6

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A: NOT VALID. It violated the equal protection clause because this Filipino teachers and foreign teachers are in the same class therefore must be treated equally. Due Process Clause - due process in labor law means OPPORTUNITY TO BE HEARD only - due process in labor law is statutory due process not constitutional due process as cited in the case of Mirano vs NLRC. - by failing to perform an act that constitutes as a violation in the statutory due process this does not render the act void. - enfact if dismissal is made with just cause but without statutory due process the dismissal is valid but you are just made to pay for violation of the statutory due process. Ex. A law allowing employers to summary dimisal employees for self preservation – not valid because you deprive the opportunity to be heard. Provisions on Involuntary Servitude a. Art. 18(3) of constitution b. CC 1703 c. RPC 272 Slavery Q: What are the ASPECTS OF LABOR? 1. Slavery 2. Serfdom 3. Free Artisan 4. Wage System Q: Distinguish Free artisan from Wage System: independent contractor ship the principal has no control over the ways and means or methods but only as to the result wage system the ER has control over the performance of the work including the results thereof. Compiled by MFLH – Exclusive for EH405 Page 7

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Q: the professional is not subject to the control to whose services are rendered. Why is this so? there is no ER-EE relationship ex. Doctor – possess skill that the customer does not have so no way I can tell you how to do it, I just set the result. Q: in a Free Artisanship and Independent Contractor ship? 2 parties, the principal and the independent contractor or free artisan Q: the best example of independent contracting is the case of jay sonza (katong abs-cbn case); Q: i know you have mastered the four-fold test; so what is the two-tiered test? A: 1. The putative employer’s power to control the employee with respect to the means and manner by which the work is to be accomplished; (Control Test) 2. The underlying economic realities of the activity or relationship. (Economic Reality Test) Q: How would you describe the economic reality test in 1 sentence? it is a test to determine whether the employee is dependent on the alleged employer for his continues employment in that line of business page 18; Q: What are the evidences that the employee is economically dependent on the employer under the economic reality test? (Page 17 Spectra Notes) CASE: Francisco vs NLRC “Under the broader economic reality test, the petitioner can likewise be said to be an employee of respondent corporation because (1) she had served the company for six years before her dismissal, (2) receiving check vouchers indicating her salaries/wages, benefits, 13th month pay, bonuses and allowances, as well as deductions and Social Security contributions from August 1, 1999 to December 18, 2000. 26 When petitioner was designated General Manager, respondent corporation made a report to the SSS signed by Irene Ballesteros. Petitioner’s membership in the SSS as manifested by a copy of the SSS specimen signature card which was signed by the President of Kasei Corporation and the inclusion of her name in the on-line inquiry system of the SSS evinces the existence of an employeremployee relationship between petitioner and respondent corporation. 27 Page 8

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It is therefore apparent that petitioner is economically dependent on respondent corporation for her continued employment in the latter’s line of business. In Domasig v. National Labor Relations Commission, 28 we held that in a business establishment, (3) an identification card is provided not only as a security measure but mainly to identify the holder thereof as a bona fide employee of the firm that issues it. (4) Together with the cash vouchers covering petitioner’s salaries for the months stated therein, these matters constitute substantial evidence adequate to support a conclusion that petitioner was an employee of private respondent. We likewise ruled in Flores v. Nuestro 29 that (5) a corporation who registers its workers with the SSS is proof that the latter were the former’s employees. The coverage of Social Security Law is predicated on the existence of an employer-employee relationship.” (FROM LABOR STANDARDS) Q: How to determine that a person is economically dependent? A: 1. 2. 3. 4. 5.

Number of years in the company; Reported to SSS (good indicator of treating him as an employee; Registered in the patrol; Identification card; Company uniform.

Atty’s Discussion: The Two-Tiered test is usually applied only when there is doubt whether the relationship is actually an employer-employee relationship, or if there is no written employment contract. If you have a written employment contract then there is no question that you are an employee. Q: Are Mam Arlene and Mam Vicky Spencer economically dependent on USC? A: Klaro ana! So there exists an employer-employee relationship between them and the school following the control test and the economic reality test and also the four fold test. Q: How about the working student, are they employees? A: No, under Book III, Sec 14 of Rule X of the Implementing Rules and Regulations of the Labor Code

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SECTION 14. Working scholars. — There is no employer-employee relationship between students on one hand, and schools, colleges or universities on the other, where there is written agreement between them under which the former agree to work for the latter in exchange for the privilege to study free of charge, provided the students are given real opportunities, including such facilities as may be reasonable and necessary to finish their chosen courses under such agreement.

Q: How about real estate brokers? Are they employees of the real estate company? A: No, Under Sec 32 of RA 9646 (Real Estate Service Act) Section 32. Corporate Practice of the Real Estate Service. XXXXX Subject to the provisions of the Labor Code, a corporation or partnership may hire the services of registered and licensed real estate brokers, appraisers or consultants on commission basis to perform real estate services and the latter shall be deemed independent contractors and not employees of such corporations. Q: Is there a provision on our labor law IRR on payroll? A: Yes, under Book III, Sec 6 of Rule X of the IRR SECTION 6. Payrolls. — (a) Every employer shall pay his employees by means of a payroll wherein the following information and data shall be individually shown: (1) Length of time to be paid; (2) The rate of pay per month, week, day or hour piece, etc.; (3) The amount due for regular work; (4) The amount due for overtime work; (5) Deductions made from the wages of the employees; and (6) Amount actually paid.cralaw (b) Every employee in the payroll shall sign or place his thumbmark, as the case may be, at the end of the line opposite his name where a blank space shall be provided for the purpose. His signature shall be made in ink, or his thumbmark placed with the use of the regular stamping ink and pad.

Q: What are the rights of the workers in relation to Labor Relations? FROM SPECTRA NOTES: IN RELATION TO LABOR RELATIONS (SupremeCourt PSP/S-C-P-S-P) (ART XIII, Sec 3 par 2) 1. Self-organization 2. Collective bargaining and negotiations 3. Peaceful concerted activities including the right to strike in accordance with law. 4. Security of tenure

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5. Participate in policy and decision making processes affecting their rights and benefits as maybe provided by law.

Sir: Don’t be in a hurry.. peaceful what? Peaceful concerted activities.. Should be peaceful and lawful concerted activities 

We have right to security of tenure, right to self-organization, right to participate in policy and decision making processes affecting their rights and benefits as maybe provided by law, right to lawful and peaceful concerted activities.  So these are the rights of workers in relation to labor relations.  By the way I’m just curious, employer-employee relationship, the word employer, it refers to both? Student: As provided in Article ..15 (inaudible) of the Labor Code, it refers to a person who acts in interest of an employer Sir: Does it include the government? Student: In labor relations, it does not include the government but with regard to labor standards, it includes the government Sir: Alright.. and can you give an example of an employer? Student: owner.. Sir: private employer! Student: … Sir: This school has different personality distinct and separate.. (laughing.. talking about Father Miranda.. joking.. inaudible) Next is, you mentioned about security of tenure.. before we go to that, there’s amendment to article 275 with regard to tripartism. That’s the first topic of my course syllabus. Look at my syllabus! So before the amendment we have tripartism.. amended by RA 10395. Who were the 3 parties? Student: the government, employer and workers Sir: In your own opinion, what is the importance why those parties are involved? Student: Government can protect the public… Employer can protect his right Sir: In tripartism, we go to concept of capitalist country, wherein workers are economically dependent.. We always acknowledge the socio-economic imbalance in so far as labor is concerned. Capital do not stand in equal footing with labor. Is it good or bad? OF COURSE BAD! We will always be dependent on capital. What will result? Student: .. Sir: Employer is susceptible to abuse. You are all dependent on me. I can discriminate, I can dictate how much I pay. Everything now comes from capital. But it should not be in democratic country. But to give a mechanism to lessen this, there is Art 275, on tripartism. We have to realize that capital is closer to

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government. Money is closer to government. In effect, they can buy government. This is a disadvantage to the working men. SO going back, they placed that provision there. Whenever government comes up with policy on employment, it has to include both the employers and labor’s group and determine from them what is best for their welfare and interest. In my opinion, three is a crow. Two is a company, but 3 is a crowd. So literally, tripartism looks beautiful but in most cases…. (inaudible) Now congress came up with amendment to 275 to strengthen that tripartism since it’s not very effective. Q: Congress came out with the amendment of Art. 275 to further strengthen the tripartism. How does that new law strengthen tripartism? A: RA 10395 (basaha ang RA 10395, naa dira tanan answer) Q: What are these councils? What are the names of these councils? A: Q: What is the composition and membership of these councils? A: Q: These members are appointed by whom? A: Q: There are many organizations now purportedly representing the ER, and also to represent labor. To choose which organization among those will be seated in the council, what is the criteria that is prescribed? A: ‘most representative’ organization criteria of ILO Convention No. 144. Q: What is that “most representative” criteria? When does it apply? A: Q: There is this council composed of equal representation (referring to the council), is that something new compared to Art. 275? A: Yes. Q: What is the beauty of that? A: It’s the creation of that council. Q: What’s good if there is a council? A:

Q: Would you agree that that amendment would make more effective the tripartism policy?

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A: READ THIS LAW BELOW!

[REPUBLIC ACT NO. 10395] AN ACT STRENGTHENING TRIPARTISM, AMENDING FOR THE PURPOSE ARTICLE 275 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE “LABOR CODE OF THE PHILIPPINES” March 14, 2013 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Article 275 of the Labor Code is hereby amended to read as follows: “ART. 275. Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils. – (a) Tripartism in labor relations is hereby declared a State policy. Towards this end, workers and employers shall, as far as practicable, be represented in decision and policy-making bodies of the government. “(b) The Secretary of Labor and Employment or his duly authorized representatives may from time to time call a national, regional, or industrial tripartite conference of representatives of government, workers and employers, and other interest groups as the case may be, for the consideration and adoption of voluntary codes of principles designed to promote industrial peace based on social justice or to align labor movement relations with established priorities in economic and social development. In calling such conference, the Secretary of Labor and Employment may consult with accredited representatives of workers and employers. “(c) A National Tripartite Industrial Peace Council (NTIPC) shall be established, headed by the Secretary of Labor and Employment, with twenty (20) representatives each from the labor and employers’ sectors to be designated by the President at regular intervals. For this purpose, a sectoral nomination, selection, and recall process shall be established by the DOLE in consultation with the sectors observing the ‘most representative’ organization criteria of ILO Convention No. 144. “Tripartite Industrial Peace Councils (TIPCs) at the regional or industry level shall also be established with representatives from government, workers and employers to serve as a continuing forum for tripartite advisement and consultation in aid of streamlining the role of government, empowering workers’ and employers’ organizations, enhancing their respective rights, attaining industrial peace, and improving productivity. “The TIPCs shall have the following functions: “(1) Monitor the full implementation and compliance of concerned sectors with the provisions of all tripartite instruments, including international conventions and declarations, codes of conduct, and social accords; “(2) Participate in national, regional or industry-specific tripartite conferences which the President or the Secretary of Labor and Employment may call from time to time; “(3) Review existing labor, economic and social policies and evaluate local and international developments affecting them; “(4) Formulate, for submission to the President or to Congress, tripartite views, recommendations and proposals on labor, economic, and social concerns, including the presentation of tripartite positions on relevant bills pending in Congress; “(5) Advise the Secretary of Labor and Employment in the formulation or implementation of policies and legislation affecting labor and employment; “(6) Serve as a communication channel and a mechanism for undertaking joint programs among government, workers, employers and their organizations toward enhancing labor-management relations; and “(7) Adopt its own program of activities and rules, consistent with development objectives. “All TIPCs shall be an integral part of the organizational structure of the NTIPC.

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“The operations of all TIPCs shall be funded from the regular budget of the DOLE.” SEC. 2. Implementing Rules and Regulations. – The Secretary of Labor and Employment shall promulgate the necessary rules and regulations to implement the provisions of this Act.

Sir: At the same way that if you refer to the employer: Ako pala yung HR DIRECTOR ng mga bpo association of the phil- all bpo centers, will you appoint him? Hindi lang bpo eh.. Im the Elected hR manager among the Association of MAssage Parlor’s industry or bar entertainment industry?volunteer ko ba. Sir: Different interest gud class. And Equal representation. Will that strengthen the policy of decision making process? Yes. Kasi magkakaroon ng representation yung bagong industry- manufacturing industry, maritime, bar and entertainment industry, drug industry (hindi shabu eh- the drug pharmaceutical industryhindi yung droga) Sir: How is tripatism bla bla? You have to discuss that. This new law reduce the establishment blablabla Sir: Right to security of tenure. What is that right? Student: Yes,sir. Art 13 sec 3 of the 1987 Constitution… Sir: That is recognized by the? Student: State.. Sir: The state shall recognize that diba? The right of security of tenure. By the word security of tenure, what do you understand by that? Student: Security of tenure sir. You cannot uh.. dismiss an employee sir w/o authorize cause sir. Sir: without just.. Student: Without just or authorize cause sir.------------Student: Security of tenure is guaranteed by the Constitution sir. Sir: It is the right of whom? Student: Right of the workers sir. Sir: To what? Student: To uh.. Sir: To Continue his employment. until he is? Student: Until he is..dismissed.. Sir: Dimissed for? Student: For authorized cause Sir: Just cause. Don’t forget the just cause- just or authorized cause. That’s security of tenure.

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Sir: It is the right of every worker to continue with his or her employment dba until he or she is terminated for just or authorized cause. That’s the employment security of tenure and that is a right that is recognized and guaranteed by the state to every worker. When you say recognized and guaranteed- the State will intervene on behalf of the worker in case he is dismissed without just or authorized cause with the state putting you back to work if you are found to be illegally dismissedworkers do not worry- that is what the state – so that you will not Sir: But before we discuss with that- we have to classify workers. And workers are classified under What article of the labor code? Can you enumerate for us? Student: Article 280. Regular employees, Probationary and Casual sir.(wrong ni!) Sir: Those are the employment classification in or mentioned in the labor code? Regular..? Student: Regular and casual sir. Sir: Yeah. But probationary employee is found in another article, isn’t it not? (Art 281) Sir: What article in the labor code can you find the classification of employment? Student: Art 280 sir. Sir: Look at your codal. Codal-not that notes. How many classifications? Student: 2 sir. (wrong ni)Regular sir and.. Sir: Only two? Student: seasonal sir…and those with fixed.. Sir: SO? Can you enumerate for us. How many classification of workers are found there? Student: Regular..There are four sir. Sir: Okay. number one? Student: Regular. Casual. Seasonal. And those with fixed or.. Sir: What? They are called project workers. So we have REGULAR employment, CASUAL employment, PROJECT employment, and SEASONAL employment. All found in ARTICLE 280. Punta ka sa kabilang article- that’s where you find probationary employment. So lets start first with regular employment. Why is employment considered regular? Student: Employment is regular sir if an employee is engaged in services which is necessary or desirable or aligned with the business of the employer. Sir: So what’s a regular worker/employee? Student: Those who are rendering services sir in the uh.. necessary and desirable to the business sir. Sir: A regular worker or a regular employee is one who holds a regular employment. Because you are defined by your employment dba. Regular employment- is one wereby worker performs an activity that is usually necessary or desirable to the trade or business of employer.

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Regular employment is one whereby the worker performs an activity which is usually necessary or desirable to the usual business or trade of the employer. Regular worker/employee is one who holds a regular employment. WHAT IS CASUAL EMPLOYMENT? o Article 280: xxx an employment shall be deemed to be casual if it is not covered by the preceding paragraph… WHAT IS THE PRECEDING PARAGRAPH? o Article 280: xxx 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. SO IF YOU ARE NEITHER REGULAR EMPLOYMENT OR SEASONAL OR PROJECT EMPLOYMENT, YOU ARE IN A CASUAL EMPLOYMENT… it’s magulo so we will look at the IRR For every chapter and title under the labor code, there is a corresponding chapter or title under the IRR. o Book VI Rule 1 Section 5 (b): Casual employment. There is casual employment where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer and such job, work or service is for a definite period made known to the employee who has rendered at least one year of service whether such service is continuous or not, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists. GIVE AN EXAMPLE: THIS IS SAN CARLOS, AND ITS PRIMARY BUSINESS IS TO PROVIDE EDUCATION. THINK OF A JOB THAT IS CASUAL TO SAN CARLOS IS MY (JMM) JOB CASUAL OR REGULAR? o Your job is regular employment because teaching is necessary to the principal business of providing education by San Carlos o Like Ma’am Vicky? That is desirable ha? Without ma’am Vicky, you won’t have your enrolment or your course syllabus o For renovation, a carpenter. The job of a carpenter is a casual employment because that is an activity which is incidental lang and for a definite period in which he will do the carpentry work. HOWEVER, YOU SAY A CASUAL CAN BECOME A REGULAR? o Article 280: xxx provided, that any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered as regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists. GIVE AN EXAMPLE. WHAT IS CONTINUED SERVICE? o It’s not interrupted BROKEN? o You hire me for one month, then stop working. Then you hire me again for 2 months then until a year is reached… o Carpenter: if he works for at least one year, he becomes a regular carpenter. FOR HOW LONG? o With respect to the activity in which he is employed until such activity (carpentry) exists. WHEN THE RENOVATION ENDS, HIS EMPLOYMENT IS DEEMED ENDED BY OPERATION OF LAW. NO ILLEGAL TERMINATION OR DISMISSAL.

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