Know Your Employment Rights –
Part 1 | Types of Employment
Companies require an appropriate type or types of employment in accordance with their operational strategies. Certain industries due to its nature of work may only need more contractual than full-time regular employees. This is commonly observed in fast food restaurants where a majority of working students seek employment due to the flexibility of the schedule. Institutions, where commitment and dedication are essential to its growth objectives, will definitely need full-time employees.
There are other types of employment in the Philippines that you need to learn for you to better understand your right as an employee. It is critical to remember that whichever industry or company you render your services to, a contract is an indispensable part of your employment. Here is a guide to every type of employment in the Philippines.
Shopping malls are classic examples of companies who seek seasonal employees. During the Christmas season, people flock to these malls which consequently require more attendants. Seasonal employment is defined as work or services to be performed for the duration of the season. There are also contact centers who would hire seasonal customer service representatives on valentines day where the ordering of flowers is at its peak. Seasonal employment may last between 1 and 5 months.
The employee’s services are coterminous with the project or undertaking, meaning, the employment is only good up until the completion of a task or project. This is usually the case for construction firms where a number of their employees are project based. In the duration of the project, an employee must abide by all the set regulations and perform related tasks until the project is fulfilled.
By strict definition, a casual employee is one who is not a seasonal or project employee and has rendered service less than one year. They engage to perform an activity not usually necessary or desirable to the course of business of the employer or merely incidental to the business. They are hired under the terms of casual employment and for a certain period only. As a casual employee, they are devoid of security of tenure.
A mechanic hired by a Real Estate company only when their equipment breaks down is a casual employee. It is not in the nature of the business to have a mechanic, as such their activity is not directly related to the usual course of business of a Realty work. It is interesting to note, however, that if this mechanic has rendered his service for more than a year as a casual employee, he may ask for a right of regular employment with respect to the work.
Term of Fixed Employment
Based on Art. 1193 of the Civil Code, another category of employment in the Philippines recognizes “term” or “fixed-period employment.” It must be confusing to distinguish between term, seasonal, and project employment. Let us simplify it for you:
- Seasonal employment only pertains to a certain period in a year where your services are required. Employment is required from time to time like Christmas, Holy Week, Summer, Valentines, etc.
- Project Employment refers to a specific project or undertaking only; if the company fails to comply with the termination report of project employees, it would mean that the worker is a regular employee.
- A fixed term employment has on the worker’s contract a clear indication of the “term” – wherein the employment automatically ends on the date specified.
Consider the probationary period as a time in which the employee is being observed and evaluated to determine whether or not he is qualified for permanent employment. An employee who is allowed to work after a probationary period shall be considered a regular employee. It is, therefore, critical for a company to take note of a probationary employee’s sixth month. If an employee is allowed to report to work on his/her sixth month and one day, he/she is automatically considered as a regular employee.
A probationary term is a company’s leverage to determine if an employee is fit for regularization. The commonly observed period for regularization is 6 months but there are some companies who can have an employee regularized after three months. Exceptional performance can also help speed up the regularization process.
A regular employee is someone who has passed the probationary period set by the company. This employee enjoys the set benefits of a valued member of the organization. He/She is an indispensable cog in the company’s operations as such this worker enjoys benefits and perks like Vacation and Sick Leaves and Allowances. Some companies like those in the IT-BPM Industry provides their regular employees with an HMO benefit and appraisal.
Can these types of employment eventually lead to regularization? Yes.
Your performance is all that matters for employers to recognize your hard work and be rewarded accordingly. Keep in mind that a regular employee is someone who the company thinks as integral to its operations.
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