A regular employee is an employee who engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
An employee who has also rendered at least one (1) year of service, whether such service is continuous or broken, shall be considered as regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
2. Who is a casual employee?
A casual employee is one who is not a seasonal or project employee, and has rendered service less than one year. Usually, he performs tasks that are only incidental to the main business of the employer.
3. Who can be considered as a project employee?
Is one 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.
4. Who is a seasonal employee?
Seasonal employee is one whose service is for the duration of season. He is called to work from time to time, but temporarily laid off during off-season. He is not separated from the service during said period, but is merely considered on leave until the next season comes. Thus, although the work may be seasonal, the workers are considered regular if their job is necessary and desirable to the trade or main business of the employer.
5. Who is a probationary employee?
He is a person hired on a trial basis for a period not longer than six (6) months. He only becomes regular after meeting reasonable standards required for regularization, provided such standards were made known to him at the time of his engagement.
6. What determines regular employment?
What determines whether a certain employment is regular or casual is not the word and will of the employer, but the nature of the activities performed in relation to the particular business or trade of the employer, considering all the circumstances.
7. There is a rule that the repeated rehiring of a contractual employee for a number of years is deemed sufficient to consider the employment as necessary and indispensable to the business of the hirer, and that accordingly, the employee should be considered regular. What is the exception on this rule?
The employment of seafarer is the exception to this rule. Seafarers are governed by the employment contracts they sign every time they are rehired. Accordingly, their employment is not terminated, not as a case of illegal dismissal, but one caused by the expiration of their employment term (Ihra Faith C Magno, Contributor).