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Casual Employees Incidental and 1 Year 29 October 2016

Casual Employees

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Page 1: Casual Employees

Casual EmployeesIncidental and 1 Year

29 October 2016

Page 2: Casual Employees

Casual EmployeeIRR of the Labor Code: “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…”

Citation: Sec. 5(b), Rule I, Book VI, Implementing Rules and Regulations of the Labor Code; cf. Article 294, Labor Code

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1 Year Limitation“…. any employee who has rendered at least one year of service, whether such service is continuous or not, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.”

Deemed regular: If the casual employee renders more than 1 year of service, labor law converts his status and deems him a regular employee – even if there is no action on the side of the employer.

Citation: Sec. 5(b), Rule I, Book VI, Implementing Rules and Regulations of the Labor Code; cf. Article 294, Labor Code

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Entitled to Same Benefits as Regular“Notwithstanding the foregoing distinctions [between regular and casual employees], every employee shall be entitled to the rights and privileges, and shall be subject to the duties and obligations, as may be granted by law to regular employees during the period of their actual employment.”

Citation: Sec. 5(b), Rule I, Book VI, Implementing Rules and Regulations of the Labor Code; cf. Article 294, Labor Code

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Case LawPLDT v. Arceo (2006)• The casual employee (photocopier/sorter) filed a complaint after she was

dismissed by the employer (telecommunications).HELD: The casual employee became a regular employee.• “… a regular employee is (1) one who is either engaged to perform activities

that are necessary or desirable in the usual trade or business of the employer or (2) a casual employee who has rendered at least one year of service, whether continuous or broken, with respect to the activity in which he is employed.

• “Under the first criterion, [the employee] is qualified to be a regular employee. Her work, consisting mainly of photocopying documents, sorting out telephone bills and disconnection notices, was certainly ‘necessary or desirable’ to the business of PLDT. But even if the contrary were true, the uncontested fact is that she rendered service for more than one year as a casual employee. Hence, under the second criterion, she is still eligible to become a regular employee.”

Citation: Philippine Long Distance Telephone Company, Inc. v. Arceo, G.R. No. 149985, 05 May 2006

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For more information:

Labor Law ComplianceBest Practices for Human Resource

www.laborlaw.ph

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Page 8: Casual Employees

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