A company needs employees to operate the business. Before getting hired by an employer, it is important for every employee to determine the type of employment they have. This is because conflicts may arise when an employer decides to go in a different direction.
Types of Employees
1. Regular Employees-these employees refer to those who are hired for the business activities deemed necessary in the employer's usual business. They are the ones who enjoy tenure security as it is guaranteed by the Constitution. A regular employee cannot simply be terminated unless due to Just and Authorized causes according to the law.
2. Probationary Employee-workers will not be automatically regularized once hired as they will be placed on probationary status for 6 months. After the probationary period, the employee's performance will be evaluated if they are qualified for regularization.
3. Term Employees-this type of employee also refers to fixed-term employee because their services are needed for a specific period only.
4. Project Employees-an employee hired for a specific project is considered as a project employee. Before an employee can be hired as a project employee, the company must specify the length and scope of the work.
5. Seasonal Employees-workers who are hired for business activities which require additional manpower and are temporarily laid off during off season are called casual employees.
6. Casual Employees-this type of employee is hired for business activities which are deemed incidental to the business.
ART. 280. Regular and Casual Employment.— The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the 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 or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That, any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such actually exists.
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. Jurisprudence has added a fifth kind— a fixed-term employee.
