Seasonal EmployeesDuration of a Season

29 October 2016

Seasonal EmployeeArticle 294, Labor Code: “… where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.”

Citation: Article 294, Labor Code

Regular Seasonal EmployeeIf a seasonal employee performs activities which are usually necessary and desirable in the usual trade or business of the employer and he is repeatedly rehired, he is considered as a regular seasonal employee.

Citation: Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2014.

Case LawGapayao v. Fulo (2013)• The employer claimed that the employee (farm worker) was engaged

on a pakyaw basis and worked for a short period of time, “in the nature of a farm worker every season.”

HELD: The complainant was a regular seasonal employee.• “… [the employee] was indeed a farm worker who was in the regular

employ of [the employer]. From year to year, starting January 1983 up until his death, the [the employee] had been working on [the employer’s] land by harvesting abaca and coconut, processing copra, and clearing weeds. His employment was continuous in the sense that it was done for more than one harvesting season. Moreover, no amount of reasoning could detract from the fact that these tasks were necessary or desirable in the usual business of [the employer].”

Citation: Gapayao v. Fulo, G.R. No. 193493, 13 June 2013

Case LawUniversal Robina Sugar Milling Corporation v. Acibo (2014)• A group of seasonal/project employees filed a labor complaint after being

dismissed.HELD: The complainants were regular seasonal employees.• “… the [complainants] are neither project, seasonal nor fixed-term

employees, but regular seasonal workers of URSUMCO…”• First, their tasks are not connected to any specific phase and they

performed activities “regularly and habitually” needed by the employer.• Second, they were repeatedly rehired.• Third, the employers failed to show proof that the employees were free to

work and/or sought employment elsewhere during off-season.

Citation: Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2014.

For more information:

Labor Law ComplianceBest Practices for Human Resource

www.laborlaw.ph

We value feedback. For comments or permission to use slides, send us an email: info@jdpconsulting.ph.

Brought to you by:

JDP Consulting Ltd. Co.Empowering leaders with legal compliance

We focus on Small and Medium Enterprises.www.jdpconsulting.ph

Labor & Employment, Negotiations & Contracts, Intellectual Property, Commercial Litigation, and Legal Compliance.

Seminars & Workshops• Join us for learning sessions on

these topics:• HR Legal Compliance• Labor Unions • Company Policies• Labor Complaints• Outsourcing Manpower• Disciplinary Actions

Visit: www.cpdc.phVenue of Seminars & Workshop:BGC Ascott, Taguig City

Training & WorkshopsJoin us for training sessions on these topics:• Outsourcing Manpower• Mandatory Benefits• Company Policies• Just Cause Termination• Downsizing the Workforce• Handling Labor Complaints• Labor Law Compliance System• Labor Unions• and more…

Visit: www.jdpconsulting.ph/trainingOffice: 14F Net Cube, 3rd Avenue corner 30th Street, BGC Taguig City