Nature & scope of employement


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Nature & scope of employement

  1. 1. NATURE & SCOPE OF REGULAR EMPLOYEMeNT Kinds of employees- Art. 280-282A) REGULAR EMPLOYEE-an employee 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. Art. 280- a person who having satisfactorily passed through a probationary period of employment , is placed on the regular payroll of the company and is assigned to perform work directly related to the regular operations of the business establishments.
  2. 2. EXCEPTIONS:-where employment has been fixed for a specific project or undertaking, the completion of which shall automatically terminate the employment; or- when the work or service is seasonable in nature and the employment is for the duration of the season.
  3. 3. CASUAL EMPLOYEE-an employment shall be deemed to be casual if it is not covered by the preceding paragraph. (refers to Art. 280.)-a] an employee or worker engaged to perform work or functions which are not usually necessary or desirable in the usual trade or business of the employer. He is employed for an indefinite period (may be for weeks, or months, or even years) and to assist in the completion of a specific job; orb] to fill in as temporary substitute in the absence of another employee; orc] a person hired occasionally or intermittently to complete a job.
  4. 4. Casual employees are sometimes referred to as emergency workers:They may or may not possess special skills or qualifications. Their tenure is temporary in nature and they are usually assigned in clerical, janitorial or manual kinds of job. They are not included in the permanent payroll of the establishment.
  5. 5. SEASONAL EMPLOYEE- when an employee is hired to perform work which is seasonal in nature and his services are terminated at the end of the season, then he is deemed a seasonal employee.Ex. When additional women are hired by a department store during the Christmas season and they are laid off at the end of the Yuletide season.
  6. 6. PROBATIONARY EMPLOYEE-is a person employed on a trial or probationary basis usually for a period not exceeding six (6) months, unless it is covered by an apprenticeship agreement.A probationary employee may be terminated:a] for a just cause orb] when he fails to qualify as a regular employee according to standards of the employer.However, a probationary employee allowed continuing working after the probationary period shall be considered a regular employee.
  7. 7. TERMINATION OF EMPLOYEMENT BY EMPLOYER- (ART. 283- 284) The following are some of the causes for the termination of employment by employers:a] for closing or cessation of operation of the establishment by serving notice on the workers and the Department of Labor and Employment one month before the intended date of closure.
  8. 8. b] for serious misconduct of willful disobedience of lawful orders of employer with respect to his work.c] for gross and habitual neglect of his duties.d] for fraud or willful breach of trust reposed in employee.e] for commission of a crime or offense against the person of the employer or any immediate member of his family, or his duly authorized representative, andf] other causes analogous to the above;
  9. 9. f.1 Theft- deliberate stealing of company raw materials or supplies is a just cause for dismissal. It will be unfair to have an employer continue employing an employee who has betrayed his trust. Security of Tenure as guaranteed by the Constitution does not intend to provide protection to employees who have committed acts inimical to the interest of their employer.
  10. 10. f.2 Abandonment- mere prolong absence from work does not constitute abandonment of work. To be a valid cause for dismissal, there must be a clear intention on the part of the employee to give up or abandon his work, like going to leave without notice or permission from the employer for a long time as to disrupt or endanger the operations of the employer.
  11. 11. not sufficient ground dismissal. Abandonment of position is a matter ofintention expressed in clearly certain andunequivocal acts. (Jardine Davies, Inc. vs. NLRC, GR #106915, 8/31/93.) An employee who is terminated for anyof the above just causes is not entitled to termination pay.
  12. 12. AUTHORIZED CASUES FOR THE TERMINATION OF EMPLOYMENTa] for installation of labor-saving devices within the establishment;b] for redundancy;c] for retrenchment to prevent losses; ord] if an employee is suffering from a disease; and his continued employment is prohibited by law or his prejudicial to his health and to his co- employees.
  13. 13. An employee terminated under any of the aboveauthorized causes is entitled to collect termination pay. In the case of cause [a] installation of labor-savingdevices and [b] redundancy, the laid-offemployer/worker is entitled to a separation pay of onemonth pay or to at least one month for every year ofservice, whichever is higher.
  14. 14. In cases of cause [c] retrenchment to prevent losses or in cases of closure not due to serious losses, separation pay will be one month pay or one-half month for every year of service, whichever is higher. A fraction of at least six months is also considered as one whole year. In cases of causes [d] an employee suffering from a disease, a separation pay of one month salary or one-half month for every year of service, whichever is higher. A fraction of at least six months is also considered as one whole year.
  15. 15. MORAL AND EXEMPLARY DAMAGES MAY BE RECOVERABLEWhen the dismissal of the employee by the employer is attended by fraud or bad faith, as when the latter knowingly made false accusations or malicious imputations of guilt, moral and exemplary damages may be awarded in favor of the employee. Such damages may also be awarded to an employee whose dismissal was done anti-socially or oppressively.
  16. 16. TERMINATION OF EMPLOYEMENT BY EMPLOYEE – [ Art. 286]An employee may terminate his employment without justcause by simply giving a one month advance writtennotice to his employer. He may be held liable fordamages by his employer if he fails to give such notice.On the other hand, an employee may terminate hisemployment without giving such notice mentioned in thepreceding paragraph for any of the following just causes.
  17. 17. a] serious insult by employer or his representative on the honor and person of the employee;b] in human and unbearable treatment by his employer or representative;c] commission of a crime or offense against the person of the employee or any of his immediate family; andRepublic act No. 7641, approved on December 9, 1992, provides retirement benefits to qualified private employees in the absence of any retirement plan in the establishment.
  18. 18. Art. 287- Retirement- Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws.
  19. 19. In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee, upon reaching the age of sixty [60] year or more, but not beyond sixty-five [65] years which is the compulsory retirement age and has served at least five [5] years in the said establishment.
  20. 20. SECURITY OF TENURE art. 279