Seasonal Employees: Duration of a Season. The Philippine Labor Code acknowledges seasonal employment. Through Supreme Court decisions, regular seasonal employment was recognized as a hybrid of regular and seasonal employees.

1. Seasonal Employees
Duration of a Season
29 October 2016

2. Seasonal Employee
Article 294, Labor Code: “… where the work or services to be performed
is seasonal in nature and the employment is for the duration of the
season.”
Citation: Article 294, Labor Code

3. Regular Seasonal Employee
If a seasonal employee performs activities which are usually necessary
and desirable in the usual trade or business of the employer and he is
repeatedly rehired, he is considered as a regular seasonal employee.
Citation: Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2014.

4. Case Law
Gapayao v. Fulo (2013)
• The employer claimed that the employee (farm worker) was engaged on a pakyaw
basis and worked for a short period of time, “in the nature of a farm worker every
season.”
HELD: The complainant was a regular seasonal employee.
• “… [the employee] was indeed a farm worker who was in the regular employ of [the
employer]. From year to year, starting January 1983 up until his death, the [the
employee] had been working on [the employer’s] land by harvesting abaca and
coconut, processing copra, and clearing weeds. His employment was continuous in
the sense that it was done for more than one harvesting season. Moreover, no
amount of reasoning could detract from the fact that these tasks were necessary or
desirable in the usual business of [the employer].”
Citation: Gapayao v. Fulo, G.R. No. 193493, 13 June 2013

5. Case Law
Universal Robina Sugar Milling Corporation v. Acibo (2014)
• A group of seasonal/project employees filed a labor complaint after being dismissed.
HELD: The complainants were regular seasonal employees.
• “… the [complainants] are neither project, seasonal nor fixed-term employees, but
regular seasonal workers of URSUMCO…”
• First, their tasks are not connected to any specific phase and they performed activities
“regularly and habitually” needed by the employer.
• Second, they were repeatedly rehired.
• Third, the employers failed to show proof that the employees were free to work
and/or sought employment elsewhere during off-season.
Citation: Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2014.

6. For more information:
Labor Law Compliance
Best Practices for Human Resource
www.laborlaw.ph
We value feedback.
For comments or permission to use slides, send us an email: info@jdpconsulting.ph.

7. Brought to you by:
JDP Consulting Ltd. Co.
Empowering leaders with legal compliance
We focus on Small and Medium Enterprises.
www.jdpconsulting.ph
Labor & Employment, Negotiations & Contracts,
Intellectual Property, Commercial Litigation, and Legal Compliance.

8. Seminars &
Workshops
• Join us for learning sessions on these
topics:
• HR Legal Compliance
• Labor Unions
• Company Policies
• Labor Complaints
• Outsourcing Manpower
• Disciplinary Actions
Visit: www.cpdc.ph
Venue of Seminars & Workshop:
BGC Ascott, Taguig City

9. Training & Workshops
Join us for training sessions on these topics:
• Outsourcing Manpower
• Mandatory Benefits
• Company Policies
• Just Cause Termination
• Downsizing the Workforce
• Handling Labor Complaints
• Labor Law Compliance System
• Labor Unions
• and more…
Visit: www.jdpconsulting.ph/training
Office: 14F Net Cube, 3rd Avenue corner 30th Street,
BGC Taguig City