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TYPES OF EMPLOYMENT IN THE

PHILIPPINES
BACK TO LABOR (HTTP://MEERLAW.PH/AREAS-OF-PRACTICE/LABOR/)

In the Philippines, the following are the recognized types of employment: (1)
regular; (2) casual; (3) project; (4) seasonal; (5) fixed-term; and (6)
probationary.

Regular and Casual Employment

Pursuant to Article 280 of the Labor Code of the Philippines (Labor Code),
the primary standard that determines regular employment is the reasonable
connection between the particular activity performed by the employee and
the usual business or trade of the employer; the emphasis is on the
necessity or desirability of the employees activity. Thus, when the employee
performs activities considered necessary and desirable to the overall
business scheme of the employer, the law regards the employee as regular.

In addition, the Labor Code also considers as regular employment a casual


arrangement when the casual employees engagement has lasted for at least
one year, regardless of the engagements continuity. The controlling test in
this arrangement is the length of time during which the employee is
engaged. (See Universal Robina v. Acibo, G.R. No. 186439, 15 January
2014)

Project Employment
Project employment contemplates an arrangement whereby the
employment has been fixed for a specific project or undertaking whose
completion or termination has been determined at the time of the
engagement of the employee. (Article 280, Labor Code of the Philippines)

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Since the employees services are coterminous with the project, the services
of the project employees are legally and automatically terminated upon the
end or completion of the project.

Seasonal Employment

Seasonal employment applies where the work or service to be performed is


seasonal in nature and the employment is for the duration of the season.
(Article 280, Labor Code of the Philippines)
Season employees may also be considered regular employees, thus: [f]arm
workers generally fall under the definition of seasonal employees. We have
consistently held that seasonal employees may be considered as regular
employees. Regular seasonal employees are those called to work from time
to time. The nature of their relationship with the employer is such that during
the off-season, they are temporarily laid off; but reemployed during the
summer season or when their services may be needed. They are in regular
employment because of the nature of their job,and not because of the length
of time they have worked. (Gapayao v. Fulo, et al., G.R. No. 193493, 13
June 2013)
Fixed-Term Employment

Fixed-term employment is valid when: (a) the fixed period of employment


was knowingly and voluntarily agreed upon by the employer and employee
without any force, duress, or improper pressure being brought to bear upon
the employee and absent any other circumstances vitiating his consent; or
(b) it satisfactorily appears that the employer and the employee dealt with
each other on more or less equal terms with no moral dominance exercised
by the former or the latter. (See Caparoso, et al. v. Court of Appeals, G.R.
No. 155505, 15 February 2007)

Probationary Employment
Probationary employment exists when the employee, upon his engagement
is made to undergo a trial period where the employee determines his fitness
to qualify for regular employment, based on reasonable standards made
known to him at the time of engagement. The employer shall make known to
the employee the standards under which he will qualify as a regular
employee at the time of his engagement. Where no standards are made

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known to the employee at that time, he shall be deemed a regular employee.
(See Section 6(d), Implementing Rules of Book VI, Rule VII-A of the Labor
Code)

Generally, probationary employment shall not exceed six (6) months from the
date the employee started working. (See Article 281, Labor Code)

Meer Law

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