ASUNZA, Charles Darvin S.
RESTATE THE FOLLOWING:
1. ARTICLE 279
No less than the Constitution recognizes and guarantees the labor’s right to security of tenure. Under the Labor Code of the Philippines, as amended, specifically, Article 279 of the said Code, the security of tenure has been construed to mean as that “the employer shall not terminate the services of an employee except for a just cause or when authorized” by the Code. The two facets of this legal provision are: (a) the legality of the act of dismissal; and (b) the legality in the manner of dismissal. The illegality of the act of dismissal constitutes discharge without just cause, while illegality in the manner of dismissal is dismissal without due process. If an employee is dismissed without just cause, he is entitled to reinstatement with backwages up to the time of his actual reinstatement, if the contract of employment is not for a definite period; or to the payment of his salaries corresponding to the unexpired portion of the employment contract, if the contract is for the definite period. If the dismissal is for a just cause but it was made without due process, the employee is entitled to the payment of an indemnity.
2. ARTICLE 280
The employment status of a person is defined and prescribed by law and not by what the parties say it should be. Equally important to consider is that a contract of employment is impressed with public interest such that labor contracts must yield to the common good. Thus, provisions of applicable statutes are deemed written into the contract, and the parties are not at liberty to insulate themselves and their relationships from the impact of labor laws and regulations by simply contracting with each other.
Article 280 of the Labor Code of the Philippines (LCP) describes different types of employment namely: regular, casual, project or seasonal. These distinctions are important because some rights and benefits attach only to regular employees, especially the right to security of tenure.
The foregoing contemplates four (4) kinds of employees: (a) regular employees or those who have been “engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer”; (b) project employees or those “whose 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”; (c) seasonal employees or those who work or perform services which are seasonal in nature, and the employment is for the duration of the season; and (d) casual employees or those who are not regular, project, or seasonal employees.
3. ARTICLE 281
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment. The period should not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. A probationary employee may be dismissed for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known to him at the time he is hired. If he is not informed of these reasonable criteria, he will be considered a regular employee. Also, a probationary employee may become regular if he is allowed to work after the probationary period. It is settled that even if probationary employees do not enjoy permanent status, they are accorded the constitutional protection of security of tenure.
The word “probationary”, as used to describe the period of employment, implies the purpose of the term or period. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer at the same time, seeks to prove to the employer that he has the qualifications to meet the...
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