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SECURITY OF TENURE
In cases of regular employment, the employer shall not terminate the services of
an employee except for a just or authorized cause.
MANAGERIAL EMPLOYEE
De Leon v. NLRC, 100 SCRA 691 (1980)
Managerial employee may be dismissed merely on the ground of loss of
confidence.
Salazar v. NLRC and Carlos Construction Co., Inc., G.R. No. 109210 (1996)
We rule that the petitioner is a project employee and, therefore, not
entitled to separation pay.
Under the Mercado ruling, the one-year duration on the job is pertinent to
deciding whether a casual employee has become regular or not, but it is not
pertinent to a seasonal or project employee.
CASUAL EMPLOYMENT
There is casual employment where an employee is engaged to perform a job,
work or service which is merely incidental to the business of the employer, and such
job, work or service is for a definite period made known to the employee at the time
of engagement.
BRENT DOCTRINE
The Labor Code does not proscribe or prohibit an employment contract with a
fixed period, provided the same is entered into by the parties without any force,
duress or improper pressure and absent any other circumstance vitiating consent.
(Applies to fixed term employments)
The Court ruled that 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 their
employment relationship.
PROBATIONARY EMPLOYMENT
Probationary employment shall not exceed 6 months from the date the
employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period.
The services of an employee may be terminated for a just cause or when he fails
to qualify as a regular employee in accordance with reasonable standards made
known by the employer to the employee.
180TH DAY
Mitsubishi Motors v. Chrysler Phil. Labor Union, G.R. No. 148738 (2004)
The Court explained that the probationary period of six months means
180 days in conformity with Article 13 of the Civil Code which proves that
a month undesignated by name is understood to consist 30 days.
TERMINATION BY EMPLOYER
An employer may terminate an employment for any of the following causes:
(1) Serious misconduct or willful disobedience by the employee of the lawful orders
of his employer;
(2) Gross and habitual neglect by the employee of his duties;
(3) Fraud or willful breach of the trust reposed in him by his employer;
(4) Commission of a crime or offense against the person of his employer or any
immediate member of his family or his duly authorized representative; and
(5) Other causes analogous to the foregoing.
ANALOGOUS CASES
1. Diverting gasoline case and others.
An agreement to stay in the service of the company for a given period after
completion of a training or scholarship grant is a valid contractual commitment that
binds the employee.
(No violation of involuntary servitude clause)
SEPARATION PAY
Separation pay is used:
1. as a statutory benefit;
2. as employment benefit;
3. as alternative to reinstatement of an illegally dismissed employee;
4. as financial assistance to a legally dismissed worker.