This slides were used during the class of Dr. Elias Cuevas

1. EMPLOYMENT STATUS: PROBATIONARY
PERSONNEL
RODRIGO B. SUMUOB JR.
GRACITO P. PINGOS JR.

2. MOST
COMMON TYPES
OF EMPLOYMENT
1. Regular Employee
– An employee engaged to perform activities
which are necessary or desirable in the
business of the employer except if
employment has been fixed for a specific
project.
– An employee is considered a regular
employee if work rendered is at least 1
year.

3. CHARACTERISTIC
OF REGULAR EMPLOYMENT
a. hiring and firing the worker,
b. providing work premises and work implements,
c. supervising and paying the wages of the workers, and
d. observing the legal requirements concerning employment,
working conditions and labor relations. The employees on
the other hand are expected to provide, under the authority
and supervision of his employer, the labor inputs necessary
for the smooth undertaking of the business of the latter.

4. THREE (3) KINDS OF
REGULAR
EMPLOYMENT
1. Regular Employment
 Are legally adequately protected employees.
 this type of workers enjoys security of
tenure guaranteed by the Philippine
Constitution.
2. Regular Project Employment
 They enjoy the various labor standards
prescribed by law for regular employees.

5. 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

6. 3. Regular Seasonal Employment
 Are those called to work from time to time.
 Employment relations is never terminated but only
suspended.
 May also be considered regular employees.
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)

7. • All other types of employment relations not defined
as regular employment are classified as casual
employment. As the term suggests, casual
employees do not enjoy security of tenure and
therefore they may be dismissed at any time.

8. a. Casual Employment
 Employment is not covered by the foregoing,
provided that an employee who has rendered
at least one year of service, whether
continuous or broken, shall be considered
regular with respect to the activity in which he
or she is employed and his or her employment
shall continue while the activity exists.
OTHER TYPES OF
EMPLOYMENT

9. b. Term or Fixed Employment
 Duration of employment is agreed upon by the
parties.
 The decisive determinant in “term employment”
should not be the activities that the employee is
called upon to perform, but the day certain agreed
upon by the parties for the commencement and
termination of the employment relationship.
 This is based on Art. 1193 of the CC, which states that
obligations with a resolutory period take effect at
once, but terminate upon arrival of the day certain –
understood to be a day that must necessarily come.

10. Fixed-term employment is valid when:
 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
 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)

11. 2. Probationary Employee
 An employee engaged to perform
activities that will not exceed 6 months
from the commencement of work.
 An employee is considered a
probationary employee if work rendered
is within 6 months.

12. • Probationary employment is not necessarily a
category of employment in the Philippines. It
pertains to a period of time in which the employee
is being observed and evaluated to determine
whether or not he is qualified for permanent
employment.
• Under Art. 281 of the LC, probationary
employment shall not exceed six months. An
employee who is allowed to work after a
probationary period shall be considered a regular
employee.

13.  A probationary employee is, for a given period of time,
under observation and evaluation to determine
whether or not he or she is qualified for permanent
employment.
 During the probationary period, the employer is given
the opportunity to observe the skills, competence, and
attitude of the employee while the latter seeks to
prove to the employer that he or she has the
qualifications to meet the reasonable standards for
permanent employment.

14.  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.

15.  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 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)

16. THANK YOU!