Planning, Organizing & Leading -The basic functions of the Qualitative Opinions - Evidence-based human resource

management process management relies on

Manager - Person who is responsible for accomplishing an org. True - In small organizations, line managers frequently handle
Goals by managing the efforts of the org. all personnel duties without the assistance of human resource
staff?
Outsourcing - Which function of the management process
requires a manager to establish goals and standards and to Line Authority, Staff Authority - What are the two distinct
develop rules and procedures. functions carried out by human resource managers?

Organizing - A manager delegates the tasks for a project. Deciding what positions to fill - What is the first step in the
recruitment and selection process?
Controlling - Managers use metrics to assess performance and
then develop strategies for corrective action Personnel Planning - Must decide what position the firm should
fill in the next six months, which means he is currently working
Marketing new products and services - Not Included in line on.
manager’s human resource responsibilities. Recruiter - Search
for qualified applicants Succession Planning The process of deciding how to fill
executive positions at a firm is known as.
Line Authority - Human resource manager generally exert
within the human resources department Trend Analysis - Refers to studying a firm's past employment
needs over a period of years to predict future needs?
Staff Authority - outside the human resources department
Skills inventories - Contains data regarding employee’s
Compensation Manager - In charge of Developing the plans education, career development, and special skill and is used by
for how people are paid and how the employee benefits program managers when selecting inside candidates for promotion.
is run
Skill inventories - When managers need to determine which
Embedded HR Teams - An HR Generalist at Wilson current employees are available for promotion or transfer.
Manufacturing has been assigned to the sales department to
provide HR management assistance as needed. What kind of Developing skill inventories - This is not a method used by
structure of the HR services provided. firms to develop high potential candidates for future positions.
Outsourcing- Thinking of having another company take care of
Corporate HR Team - Involves dedicated HR members that its benefit management
assist top management in issues such as developing the
personnel aspects of the company long term strategic term. Develop an applicant tool - Is necessary to Recruiting

Human Capital- What term refers to the knowledge, skills, and Potential to lose employees who are not promoted - Primary
abilities of a firm’s worker disadvantage of using internal sources of candidates to fill
vacant positions in a firm
On-Demand workers - Where freelancers and independent
contractors work when they can, on what they want to work on What percentage of employees - Not included to meet the
and when the company needs them. company’s goals for the future and improve employee retention
rate.
Unbalanced labor force - The recent trend where in some
occupations (Such as high-tech) unemployment rates are low, Internet job postings - recruitment outside candidates Not a
while in others unemployment rates are still very high and tool used by firms.
recruiters in many companies cannot find companies, while in
others there is a wealth of candidates is called Skills needed for the job - Play the greatest role in determining
medium for a job advertisement?
The use of gaming features to enhance training and
performance appraisal - One of the best examples of recent An employer will most likely use a private employment agency
trends in technology that are affecting human resource to Fill a specific job quickly
management.
You need to ensure that applicants are screened properly, so Working conditions - Not included in Job Specifications.
you should Provide the agency with an accurate job
description Organizational Chart - Indicated the division of work within a
firm and the lines of authority and communication.
Temporary assignment and on as-needed basis Contingent
worker, not permanent Using computerized systems to combine separate tasks -
Example of business of process re-engineering
Advantage of using employee referral campaigns. Applicants
have received realistic job previews worker - It is essential to confirm the validity of collected data.

True - Publicizing an open job to current employees through a Job Rotation - Refers to systematically moving workers from
firm’s intranet or bulletin board is known as job posting. one job to another

Reliable employment test will most likely yield Consistent False - Conducting the job analysis is the sole responsibility of
scores when a person takes two alternate forms of the test the HR specialist

Validity - Refers to the accuracy with which a test fulfills the Needs to gather job analysis information from many employees
function for which it was designed who perform similar work. Holding a group interview

True - Selection tests should be used as supplements to other Reactivity - is when workers alter their normal activities
tools like interviews and background checks. because they are being watched.

Motor Ability - As part of the selection process for a position at False - Informal interviews provide quantitative job analysis
UPS, Jack has been asked to lift weights and jump rope. What information, which is why they are frequently used by managers
is most likely being measured by the UPS? who need to determine the relative worth of a job for pay
purposes.
Physical abilities or Motor Ability - Carlos recently
participated in a selection test for a position at Northern Diaries - Record every activity in which the employee
Aeronautics. The test measured Carlo's finger dexterity and participates.
reaction time, so it was most likely what kind of test? Employee orientation - Learned about employee benefits
Optimism - Not part of the Big Five personality packages, personnel policies, and the structure of the company

Miniature job training - Refers to training candidates to Assisting new employees in selecting the best labor union
perform several of the job’s tasks and then assessing the - Not one of the goals of a firm’s employee orientation program.
candidate’s performance prior to hire. True - Employee orientation programs range from brief, informal
Uncover false information - Primary reason that firms conduct introductions to lengthy, formal courses.
background investigation of job applicants. False - Hiring highly skilled employees with great potential
Management assessment center - It is a multi-day simulation eliminated the need to provide orientation and training.
in which candidates perform a task in hypothetical situations and
Training Initiatives -The methods used to give new or present
are scored on their performance. employees the skills they need to perform their jobs.
True - In an effective talent management system, an employee’s Strategic Training needs analysis - This identifies the training
performance appraisal would initiate training and development employees will need to fill future job.
opportunities.
Analyzing the training need- What is the first step in the
Job analysis - Not included in collecting by a human resource ADDIE training process?
specialist through a job analysis
To motivate the individuals who, attend her training session Amy
In assigned the task of conducting a job analysis the first step in should most likely not do Use new terminology and the
the process is Decided how the gathered information will be technical concepts
used
Questioning current job holders - This method will not use by eliminate performance deficiencies or to continue to perform
the employer in identifying the training need for new employees. well

True - Training session should be half day or three-fourths day True - The HR department monitors the performance appraisal
in length rather than a full day, because the learning curve goes system, but it is typically not involved in rating employees.
down late in the day.
True - To ensure that performance appraisals are effective. It
Holding on the job training sessions - Most likely to occur should make sure to schedule a feedback session to address
during the fourth step of the ADDIE training process. each subordinate’s performance, progress, and future
development plans.
If the employee will move to various jobs each month for a nine-
month period. The employer will utilize this form of training Job Paired Compassion - Easiest and most popular technique for
Rotation appraising employee performance

Ian is currently being trained on the job and is at the first step in True - Management by objectives requires a manager to set
the OJT process, which involves Familiarizing the trainee with specific measurable, organizationally relevant goals with each
equipment, tools, and trade terms. employee and then periodically discuss the employees progress
toward these goals.
When jobs consist of a logical sequence of steps and are best
taught step-by-step, the most appropriate training method to use INTRODUCTION TO HUMAN RESOURCE
is Job instruction training MANAGEMENT
Performance Appraisal - Refers to the process of evaluating A series of actions that aim to achieve the goals of an
an employee’s current and/ or past performance relatives to his organization. Management
or her performance standards.
When managers use metrics to assess performance and then
The primary purpose of providing employees with feedback develop strategies for corrective action, they are performing
during a performance appraisal is to motivate employees to the _________ function of the management process.
Remove any performance deficiencies Controlling
Creating an organization strategy map - Not included for Claire spends most of her times at work establishing goals for
reasons in appraising employees’ performance. her staff of fifty employees and developing procedures for
various tasks. In which function of the management process
Employee’s direct supervisor - is primarily responsible for
does Claire spend most of her time? Planning
appraising an employee’s performance
Which of the following is not a function of human resources
Setting work standards - first step of any performance
management Analyzes financial reports and makes
appraisal.
decisions form it.
Ratings are higher than when provided by supervisors-
WIlmer works in the HR department and oversees developing
usually occurs when employees rate themselves for
the plans for how people are paid and how the employee
performance appraisals.
benefits program is run. Wilmer is most likely holding the
Upward feedback - It refers to the process of allowing position of_____. Compensation manager
subordinated to rate their supervisor’s performance
The HRM Function started as a mere administrative function in
anonymously
a business enterprise. True
360-degree feedback - Refers to a performance appraisal based
The following are the three product lines of HR,
on surveys from peers, supervisors, subordinated and
Administrative services and transactions, Strategic
customers.
partner, Business partner services.
True - Supervisors should provide employees with feedback,
Personnel activities associated with human resource
development, and incentives necessary to help employees
management most likely include all the following ____.
Orienting and training new employees, appraising Which term refers to exporting jobs to lower-cost locations
employees’ performances, Building employees abroad? Offshoring
commitment.
Evidence-based human resource management relies on all the
No one wants to make mistakes, least of all managers. Which following types of evidence. Scientific rigor, Existing data,
one of the following is NOT a personnel mistake? low Research studies.
turnover
Distributed HR is the idea that more and more human resource
Human resource managers generally exert _____ within the management tasks are now being redistributed from a central
human resources department and _____ outside the human HR department to the company’s employees and line
resources department. Line authority; staff authority managers. True

Which of the following is most likely a line function of the This type of organization embraces a culture of lifelong
human resource manager? Directing the activities of learning, enabling employees to continually acquire and share
subordinates in the HR department knowledge. Learning Organization

An HR generalist at Wilson Manufacturing has been assigned What are the possible implications of low/poor economic
to the sales department to provide HR management assistance performance for human resource management? Financially
as needed. Which of the following best describes the structure unstable, magbabawas ng employee, tipid ng resources,
of the HR services provided at Wilson Manufacturing? unemployment rate
Embedded HR teams
In what way has technology changed human resources
Which organizations of the human resource function involves management? Easy data gathering, faster recruitment,
dedicated HR members that assist top management in issues easy to find and secure info, etc.
such as developing the personnel aspects of the company’s
long-term strategic Corporate HR teams JOB ANALYSIS

_____ refers to the tendency of firms to extend their sales, Which of the following terms refers to the procedure used to
ownerships, and/or manufacturing to new markets abroad. determine the duties associated with job position and the
Globalization characteristics of the people to hire for those position? Job
analysis
What term refers to the knowledge, skills, and abilities of a
firm’s workers? Human capital The information resulting from a job analysis is used for
writing____. Job description
Which management style is suitable for knowledge workers?
Empowering All the following types of information will most likely be
collected by a human resources specialist through a job
It is a systematic planned strategic effort by a company to analysis. Work activities, Human behaviors, Performance
attract, retain, develop, and motivate highly skilled employees standards.
and managers. Talent Management
A manager user the information in a job analysis for all the
What is the term for work forces like those at the company following. Assessing training requirements, Determining
Uber? Where freelancers and independent contractors work appropriate compensation, Providing accurate
when they can, on what they want to work on, and when the performance appraisals.
company need them? On-demand workers
Which one of the following most likely to depends on a job’s
The recent trend where in some occupations (such as highest) required skills, education level, safety hazards, and degree of
unemployment rates are low, while in others unemployment responsibility? Job specifications
rates are still very high and recruiters in many companies
cannot find candidates, while in others there is a wealth of Jennifer, a manager at an engineering firm, has been assigned
candidates is called____ Unbalanced labor force the task of conducting a job analysis. What should be
Jennifer’s first step in the process? Deciding how the
gathered information will be used
Which of the following refers to the human requirements the following jobs is directing observation NOT a
needed for a job, such as education, skills, and personality? recommended method for collecting job analysis data.
Job specifications Attorney

All the following requirements are typically addressed in job RECRUITMENT AND SELECTION
specifications. Desired personality traits, Required
education levels, Necessary experience. What is the first step in the recruitment and selection process?
Deciding what positions to fill
Which one of the following indicates the division of work within
a firm and the lines of authority and communication? Marcus, an HR manager for Samsung, must decide what
Organizational chart positions the firm should fill in the next six months, which
means Marcus is currently working on ________. Personnel
Which one of the following is an example of business process planning
reengineering? Using computerized systems to combine
separate task The process of deciding how to fill executive positions at a firm
is known as ________. Succession planning
While performing the fifth step of a job analysis, it is essential
to confirm the validity of collected data with the _____. the following terms refers to studying a firm’s past employment
Workers needs over a period of years to predict future needs. Trend
Analysis
The primary drawback of performing a job analysis regards the
_____. Amount of time a job analysis takes to compete. Newton Building Supplies hopes to generate an extra $4
million in sales next year. A salesperson traditionally generates
Job ____ means assigning workers additional same-level $800,000 in sales each year. Using ratio analysis, how many
activities. Enlargement new salespeople should Newton hire? 5

Which one of the following terms refers to systematically When managers need to determine which current employees
moving workers from one job to another? Job rotation are available for promotion or transfer, they will most likely use
______. Skills inventories
Which one of the following terms refers to redesigning jobs in a
way that increases the opportunities for the worker to All of the following are methods used by firms to develop high
experience feelings of the responsibility, achievement, growth, potential candidates for future positions. Providing internal
and recognition? Job enrichment training, Implementing job rotation, Offering global
assignments.
Who argued that the best way to motivate workers is to build
opportunities for challenge and achievement into their jobs via Smith industries is thinking of having another company take
job enrichment? Frederick Herzberg care of its customer service. This is called __________.
Downsizing
Jack is an employee at a Best Western Hotel. Some weeks he
works with the catering group, and other weeks he assists the The following are the possible HR intervention if you have
reservations clerk or the parking attendant. This is an example personnel surplus. Stop recruiting, Offer early retirements,
of _____. Job rotation Retrenchment.

Which method for collecting job analysis information is An employer will most likely use a private employment agency
considered best for quantifying the relative worth of a job for in order to _______. Fill a specific job opening quickly
compensation purposes? Position analysis questionnaire
Newton Manufacturing is using a private employment agency
Jerome, a manager at an electronics company, needs to to recruit individuals for management positions. As the HR
gather a job analysis information from many employees who manager at Newton, you need to ensure that applicants are
perform similar work. Which one of the following would be most screened properly, so you should _______. Provide the
appropriate for Jerome? Holding a group interview with a agency with an accurate job description
supervisor
What is an advantage of using employee referral campaign? _______ identifies the training employees will need to fill future
Applicants have received realistic job previews jobs. Strategic training needs analysis

Selection tests should be used as supplements to other tools What is the first step in the ADDIE training process?
like interviews and background checks. TRUE Analyzing the training need

As part of the selection process for a position at UPS, Jacques Amy, an accounting supervisor, has been asked to provide
has been asked to lift weights and jumps rope. Which one of training for her subordinates about new tax laws. To motivate
the following is most likely being measured by UPS? Physical the individuals who, attend her training session, Amy should
abilities most likely do all the following. Use as many visual aids as
possible during the session, Provide an overview of the
Carlos recently participated in a selection test for a position at material to be covered, Give information in logical,
Northern Aeronautics. The test measured Carlos finger meaningful section.
dexterity and reaction time, so it was most likely a (n) _____
test. Motor ability Training sessions should be half day or ¾ day in length rather
than a full day because the learning curve goes down late in
All the following are most likely assessed on personality tests. the day. True
Extraversion, Sensitivity, Emotional stability.
Which one of the following would most likely occur during the
Which one of the following is the primary reason that firms fourth step of the ADDIE training process? Holding on the job
conduct background investigations of job applicants? Uncover training sessions
false information
Rebekah was hired soon after graduation and assigned to
Michelle Simmons recently applied for a position with Pfizer complete a management trainee program. She will move to
Pharmaceuticals. Which personality trait most likely has the various jobs each month for nine-month period. Her employer
strongest correlation to Michelle’s success as a pharmaceutical is utilizing the _______ form of training. Job rotation
sales representative? Extroversion
A structured process by which people become skilled workers
With the work sampling technique, applicants are _______. through a combination of classroom instruction and on the job,
Tested on their ability to perform a range of tasks related training is called ________. Apprenticeship training
to several positions in a firm
When jobs consist of a logical sequence of steps and are best
TRAINING AND DEVELOPMENT taught step by step, the most appropriate training method use
is _______. Job instruction training
On Letitia’s first day of work at a software firm, she attended a
meeting with the HR manager and other new employees. It is the delivery of learning and training through digital
Letitia learned about employee benefits packages, personnel resources. E-learning
policies, and the structure of the company. In which one of the
following did Letitia most likely participate? Employee American Airlines uses flight simulators to train pilots about
orientation airplane equipment and safety measures. This is an example
of ________. Vestibule training
Which of the following is most likely NOT one of the goals of a
firm’s employee orientation program? Assisting new Travel agents at Apollo Travel Services follow a computer
employees in selecting the best labor union program that displays question prompts and dialogue boxes
with travel policies as the agent enters information about the
Employee training programs range from brief, informal consumer’s travel plans. This is an example of a (n) ________.
introductions to lengthy, formal courses. True Learning management system
Hiring highly skilled employees with great potential eliminates United Airlines utilizes a checklist of things that pilots should do
the need to provide orientation and training. False prior to take off and landing. This checklist is an example of a
(n) ________. Job aid
The methods used to give new or present employees the skills
they need to perform their jobs are called ________. Training
Which one of the following terms refers to a teaching method - Set of substantive and procedural laws that prescribe the
that uses special collaboration software to enable multiple principal rights and responsibilities of employers, employees
remote leaners to participate in live audio and visual and other industrial participants as well as the role of
government
discussions via PC or laptop? Virtual classroom
Source of labor law
Labor Code and HR Related Law
Primary
1. Philippine constitution
Law- is a rule of conduct, just, obligatory promulgated by
2. legislative passes
legitimate authority 3. decisions of the supreme court
4. IRR of DOLE
Labor - all doubts in the implementation and interpretation of
5. Decision of Quasi-Judicial bodies such as NLRC
the provision of this code. Secondary
1. opinions of DOLE Secretary and DOJ Secretary 2. Report,
Labor Law - includes all rules of law under the control of other debates, hearing made by congress written
persons called employers. 3. labor revies, textbook and opinions
4. foreign laws and decisions of foreign
Labor Code – all doubts In the implementation of the provision
of the labor code including its implementing rules and Concepts under Labor Law
regulations. Shall be resolved in favor of labor. Principle Of Non-Oppression - the principle mandates capital
and labor not to act oppressively against each other to impair
labor Standards Law – prescribes the minimum requirements, the interest and convenience of the public.
prescribe by existing law as a term and conditions of * The protection of labor clause in the constitution is not
employment affecting wage of monetary benefits, hours of work, designated to oppress or destroy capital
cost of living allowances, and occupational health, safety, and Full Employment Clause - who want to work at the prevailing
rates of pay can work without undue difficulty.
welfare of others. it is obligatory in nature
Unemployment - involuntary idleness on the part of an
employee who is able and willing to work but could hardly find
Labor Relations Law
one.
- defines status, rights and duties and the institutional
Management Prerogative - an employer is free to regulate,
mechanism that govern the individual and collective interactions
according to his own discretion and judgement, all aspects of
of employee.
employment,
- seeks to stabilize the relation between the employer and
employee to forestall and tress out their differences though the
Employee rights
encouragement of 14 15 collective bargaining and the
1. employee tenure
settlement of labor dispute through conciliation mediation, and
2. self-organization
arbitration.
3. collective Bargaining
4. Just and Humane Working Conditions
Social Justice - promotion of the welfare of all people, the 5. Strike/ Concerted Activities
adoption by government of measures calculated to insure 6. Participate in Decision Making
economic stability of all the competent elements of the society, 7. Just share in the fruit and production
through the maintenance of a proper economic and social 8. labor standards
equilibrium. 9. CBA Rights
10. Full State
Social Welfare Legislation - law that governs the employer- 11. Equal Work Opportunities
employee relationships while the latter arising from employee 12. Due- process in Discipline and Dismissal
employment such as retirement, etc.
CBA PARTS
Concept of Labor Compensation
- refers to physical or mental exertion necessary to produce Benefits
goods or render some services. - In broader sense, it may Labor Relations
include the labor force who are employed or those who are able
and willing to work but are temporarily or involuntarily • Grievance and Formation of Grievance Machinery
unemployed. • Labor Management Council / Labor Management Committee
- Physical toil although it does not necessarily include the • Strike
application of skill; thus, there is skilled and unskilled labor • Voluntary Arbitration Employment
• Termination of Employment under CBA
Employment permit of non-resident aliens- Article 40, LC. .
Why is it important to determine employer-employee Any alien seeking admission to the Philippines for employment
relationship? purposes and any domestic or foreign employer who desires to
- Jurisdiction of the case engage an alien for employment in the Philippines shall obtain
- Entitlement to benefits an employment permit from the Department of Labor
- Security of Tenure
Prohibition against transfer of employment- Article 41, LC.
Statutory Benefits of workers After the issuance of an employment permit, the alien shall not
The four-fold test – the selection and engagement of the transfer to another job or change his employer without prior
employee, payment of wages, power of dismissal. approval of the Secretary of Labor.
Control test – Most important element if all of these are present
then there is an employer and employee relationship Duration of employment permit- Subject to renewal upon
Min wage – lowest amount of wage that an employer will pay to showing of good cause, the employment permit shall be valid for
an employee. a minimum period of 1 year starting from the date of its issuance
unless sooner revoked by the Secretary of DOLE for violation of
Four-fold test - existence of employer-employee relationship. the provisions of Labor Code. (GR: 1 yr, Except: Employment
Hiring - The manner of selection and engagement of the Contract does not exceed 3 yrs.)
putative employee
Wages - mode of payment Employment of Aliens/Foreigners in the Philippines
Firing - The presence or absence of the power of dismissal Requirements:
Control Test - The power to control the means and method by 1. Determination of non-availability of Filipino Art. 40, The
which work is to be accomplish Alien Employment Permit (AEP) is a permit issued to a
nonresident alien or foreign national seeking admission to the
Subordinate Alternative test non- availability of Filipino citizen who is competent able and
Economic Test- Existing economic conditions between the willing at a time of application to perform the services for which
parties are used to determine whether employer-employee exist alien is desired.
Contract of Employment - beginning of employment. 2. Determination whether AEP is new or for renewal Fill up
Commencement of employment- beginning of the first day the form photocopy of passport of foreign rational, notarized
contract of employments valid Mayor’s permit including ceza
For Government Employees Payment of Fees and Fine- Application (P9.000), Renewal
with original charters – governed by the Civil Service Law P4,000), Card Replacement (P1,500) Fine (to employer and
without original charters – covered by the Labor Law foreign national without valid AEP (P10,000)

Importance of 'Yer-'Yee Rel. Contracting or Subcontracting - refers to an arrangement

1. Determining the Law to govern - labor law applies for those whereby a principal agrees to farm out to a contractor.
who are covered by it under the condition Parties to a Contracting
Exceptions: Employee- employee of contractor – hired to perform worked
a. Misuse of POEA license farm out by the principal pursuant to as service agreement.
b. Instances of Illegal recruitment activities Principal- job provider – any natural or juridical entity who puts
c. In cases of indirect employers’ liabilities out or farm out a job or work to contractor
2. Determining the Court Jurisdiction arising from EER are Contractor/Sub Con- employer – any person engages in
under the authority of the National Labor Relations Commission. legitimate contracting arrangement providing service for a
specific job farmed out by principal under a service agreement.
Cabo System Is Illegal – refers to a person r group of persons Service agreement - is a contract between the principal and
or a labor group which, in the guise of labor organization contractor containing the terms and conditions governing the
supplies workers to an organization supplies workers to an performance f completion of a specific job or work farmed out
employee. for a definite or predetermined period.
Cabo System - is a case where the labor union becomes merely
a recruiter or a labor negotiator and supplier to companies of Registration of Contractor
employees which become a form of labor only contracting. As a Rule of Registration – the registration of contractors and
subcontractors shall be necessary for purpose of establishing
Employment of Aliens/Foreigners in the Philippines and effective labor market information and monitoring.
Coverage: It applies to all aliens employed or seeking for Failure to registration by the contractor – it gives rise to the
employment (private) in the Philippines, and their present or presumption that the contract is engaged in labor only –
prospective employers. contracting.
Validity of Registration – it shall be effective for two years 1. The contractor or sub-con does not have substantial capital*,
unless cancelled after due process. All registered contractors OR
shall apply for 30 days before the expiration of their registration 2. The contractor or sub-con does not have investments in the
to remain the roster of legitimate service contractor. form of tools, equipment, machineries, supervision, and work
premises, among others; AND
Registration of Contractor 3. The employees recruited are performing activities which are
1. As a Rule for Registration- purposes of establishing an directly related ot the main business operation of the employer.
effective labor market information and monitoring -or-
2. Failure to Register by the Contractor- it presumes that the 4. the contractor or sub- contractor does not exercise the right
contract is engaged in labor –only contracting. to control over the performance of the work of the employee.
3. Validity of Registration- effective for two (2) years, unless
cancelled after due process. All registered contractors shall Substantial capital - refers to paid-up capital stock/shares at
apply for renewal 30 days before expiration least Five million pesos (P5,000,000.00)

Existence of 'Yer-'Yee Relationship- The Contractor or sub- Other Illicit Forms of Employment Arrangements
contractor shall be considered the employer of the contractual Cabo System- When the principal farms out work to a “Cabo”
Exceptions: Labor Only Contracting Where contracting Contracting through in-house agency- it is a contractor who
arrangement falls within the prohibited acts is owned, managed, or controlled
Contracting to in-house cooperative- refers to a cooperative
Effect: Principal becomes the Employer of the contracted which is managed, or controlled
employee Contracting while on strike- Contracting out of a job or work
by reason of a strike or lockout whether actual or imminent
JOB-CONTRACTING (Legal) Interference to right to organize- Contracting out a job or work
Principal needs some workers to do jobs that is merely being performed by union members Redundancy- Requiring
incidental to the nature of the business; the contractor’s employees to perform functions which are
Contractor supplies workers to the principal currently being performed by the regular employees of the
Contractor has substantial capital and investments for principal
legitimate 19 20 manpower business; Requiring signing waiver of liability - contractor’s employees
Contractor exercises control over the works of the to sign, as are condition to employment or continued
manpower which he supplied; employment, antedated resignation letter
Principal does not exercise control to methods of Repeated Hiring- repeated hiring by the
workers; contractor/subcontractor of employees under an employment
Principal is the indirect employer contract of short duration
Limited liability of principal – principal is solidarily liable Short Term Contracts- Requiring employees under a
with contractor only when latter fails to comply with the contracting arrangement to sign a contract fixing the period of
requirements as to unpaid wages and other violations employment to a term shorter

LABOR-ONLY CONTRACTING (Illegal) Posting of a Bond

Principal needs some workers to do jobs i.e., highly- - An employer or indirect employer may require the contractor
necessary and directly related to business or subcon to furnish a bond
- Amount of Bond: cost of labor under contract, - Condition of
Contractor supplies workers to the principal
the Bond: that the bond will answer for the wages due the
Contractor has no substantial capital and investments
employees should the contractor fail to pay the same.
for legitimate manpower business
Contractor does not exercise control over the works of
Liable of the Principal to the employee in case of illegal
the manpower which he supplied;
dismissal
Principal was the one who exercises control to Joint and several with the employee – contractor but with the
workers; right to reimbursement from the employee contractor. 21 22
Principal is the direct employer Separation pay and back Wages – Principal shall only believe
Principal’s liability extends to all rights, duties and when the principal has relation to the termination of the
liabilities under labor standard laws including the right employee.
to self-organization – primarily liable Civil liability of employee – Contractors – every employer or
indirect employer contractor shall be jointly and severally liable
Under DOLE DO 174-17, Sec.5 with principal.
Labor-Only Contracting, which is totally prohibited, refers to
an arrangement where: Recruitment and Placement - any act of canvassing, enlisting,
contracting, transporting. For local recruitment – Labor Code
 F. Engagement in recruitment or placement of workers in jobs
For Overseas employment – RA 8042 Overseas Migrant harmful to public health or morality or to the dignity of the
Workers Act Republic of the Philippines;
Entities authorized to engaged in Recruitment and G. Obstruction of inspection by the Secretary of Labor and
Placement - Public employment offices, POEA, Private Employment or by his duly authorized representative;
Recruitment entities, Private Employment Agencies, Shipping or H. Failure to submit reports required by the Secretary of Labor
manning agents or representatives, persons or entities and Employment;
authorized by the Secretary of DOLE, Construction contractors I. Contract substitution
Direct-Hiring of OFW’s- Employers cannot directly hire J. For an officer or agent of a recruitment or placement agency
workers for overseas employment except through authorized to engage in the business of travel agency or in the
entities. management thereof;
K. Withholding or denying worker’s travel documents before
Fees Paid By Workers departure for monetary or financial consideration other than
General Rule: A placement fee may be charged against OFW those authorized under the Labor Code and its implementing
equivalent to 1-month basic salary specified in the POEA rules and regulations;
approved contract, except for the following: L. Failure to deploy workers without valid reasons;
A. Domestic Workers: And M. Failure to reimburse worker for processing and documentary
B. Workers Deployed To Countries Where They Do Not Allow expenses, in cases where the deployment does not take without
Collection Of Placement Fees (Usa, Netherlands, Ireland, Uk, the worker’s fault.
Canada)
Types of Illegal Recruitment
Documentation Fee- The deployed OFW also need to shoulder Simple Illegal Recruitment- license or non-license or a holder
the payment for the processing of the following documents or non-holder authority.
(Passport, NBI, Barangay and Police clearance, Authentication Penalty - imprisonment of not less than 6 years and 1 day but
of birth certificate, Medicare and Philhealth Trade test, not more than 12 years and a fine of not less than P200,000 nor
Immunization, Medical Certificate more than P500,000 (5 years prescriptive period)

FEES SHOULDERED BY EMPLOYER: VISA, AIRPLANE Recruitment involving Economic sabotage

TICKET, OWWA MEMBERSHIP FEE, POEA PROCESSING 1. Syndicate illegal recruitment- carried out by a group of 3 or
FEES more person
2.Large scale illegal Recruitment- committed against 3 or
Illegal Recruitment- Under Section 6, RA 8042 For purposes more person
of this Act, illegal recruitment shall mean any act of canvassing, Penalty - life imprisonment and a fine of not less than P500,000
enlisting, contracting 22 23 but not more than P1,000,000; Prescription: 20 years

License – Document issued by DOLE authorizing a person or CONDITIONS OF EMPLOYMENT

entity to private employment agency. Authority - Means a Principles of "Hours Worked" Art. 82. Coverage. The
document issued by DOLE authorizing the person or association provisions of this Title shall apply to employees in all
to engage in recruitment and placement activities as a private establishments and undertakings whether for profit or not, but
recruitment agency. NOT to government employees, managerial employees, field
personnel, members of the family of the employer who are
Non-license or non - Means any person corporate or entity dependent on him for support, domestic helpers, persons in the
which has not been issued a valid license or authority to personal service of another, and workers who are paid by results
engaged in recruitment and placement by the secretary of as determined by the Secretary of Labor in appropriate
DOLE. regulations.
• General Rule: The condition of employment covers all
A. Excessive Collection of placement fee; employees in all establishments and undertakings whether for
B. Misrepresentation in relation to recruitment or employment; profit or not, except the following
C. Misrepresentation for purposes of securing a license or
authority under the Labor Code. Exceptions
D. Inducement of a worker to quit his present employment for Government Employees - refers to those employed by the
another unless the transfer liberates a worker from oppressive National Government or any of its political subdivisions including
terms and conditions of employment; those employed in GOCCs with original charter
E. Influencing or attempting to influence any person or entity not Managerial Employees- refer to those who is primary duty
to employ any worker who has not applied for employment consists of the management of the establishment in which they
through his agency;
are employed or of a department or subdivision thereof, and to • Continuous Work- the time during which the laborer is not
other officers or members of the managerial staff working and can leave his working place and can rest
Officers and Members of Managerial Staff- refer to those who completely shall not be counted
see primary duty consists of the management of the • Waiting Time- considered as working if:
establishment in which they are employed or of a department or • waiting time is integral part of his work; or
subdivision thereof, and to other officers or members of the • employee is required or engaged by employer to wait
managerial staff • Subject to Call or On-call- one required to remain on call in
Domestic Servants- those who perform services in the the employer's premises or close thereto Test: cannot use time
employer’s home which are usually necessary or desirable for for his own purpose
the convenience and enjoyment thereof, or minister to the • Brief Rest Period- Rest periods of short duration during
personal comfort, convenience or safety of the employer and working hours shall be counted as hours worked. (Article 84,
members of his employer’s household Members of the Family- Labor Code) (5-20 minutes)
the members of the employer dependent upon him for support
• Brownouts- a. Short Duration (20 minutes and below) b. Long
include husband and wife, parent and children, their ascendants
Duration (more than 20 minutes) • lectures, Meetings and
and descendants, brothers, and sister whether full or half-blood
Trainings- It is considered as not compensable if the following
Piece Rate Workers- payment of this type of worker is
conditions are met:
determined by the results of the work performed or the number
a. attendance is outside the employee’s regular working
of hours work in the completion of the job, or the time spent in
hours.
the production
b. attendance is in fact voluntary; and
Field Personnel- – shall refer to non-agricultural employees
c. employee does not perform any productive work during
who regularly perform their duties away from the principal place
such attendance
of business or branch office of the employer and whose actual
- Travel Time-
hours of work in the field cannot be determined with reasonable
a. Home to Work
certainty.
b. All in Days Work
c. Away From Home / Overnight
NORMAL HOURS OF WORK
- Meal Period- GR; not less than 60 minutes (Compensable)
General Rule: The normal hours of work of any employee shall
not exceed 8 hours a day. • Exceptions: a. non-manual b. operates more than 16
hours a day actual or impending emergency prevent
• the rule does not preclude the employer in the exercise of its
serious loss of goods Overtime Pay-
management prerogative to reduce the number of working hours
Overtime pay refers to the additional
compensation for work performed beyond
*EXCEPTIONS:
8 hours a day
Health Personnel- Health personnel in cities and municipalities
with a population of at least one million (1,000,000) or in • Compensation- an additional compensation equivalent
hospitals and clinics with a bed capacity of at least one hundred to his regular wage plus at least 25%, except on holiday or
(100) shall hold regular office hours for eight (8) hours a day, for rest day where OT pay is at least 30%
five (5) days a week, exclusive of time for meals
Compressed Work Week- Employees will be regularly working Conditions to be Entitled to OT Pay-
for less than 6 days but each workday exceeds 8 hours • Actual rendition of OT work
• Submission of sufficient proof that said work was performed
HOURS WORKED: Determination of Working Hours - Art. • OT work is with the knowledge and consent of the employer
84. Hours worked. Hours worked shall include:
(a) all time during which an employee is required to be on duty Undertime Offsetting Overtime- Undertime work on any day
or to be at a prescribed workplace, and. shall not be offset by overtime work on any other day. (Art. 88)
(b) all time during which an employee is suffered or permitted to Waiver of OT Pay- Rights may be waived but the waiver must
work. Rest periods of short duration during working hours shall not be contrary to law, public policy, morals, or good customs or
be counted as hours worked. prejudicial to a third person with a right recognized by law
(Article 6, Civil Code)
Cases on Hours of Work Emergency OT Work- a. national or local emergency (i.e. war,
• Idle Time- not counted as working time only where the work etc.) b. necessary to prevent loss urgent work on machines,
is broken or is not continuous (NDC vs. CIR 1962) installations and equipment’s; d. completion of work to prevent
• Cases on Seaman - while on board a ship or vessel beyond prejudice to the business
the regular 8 hours work schedule Night Shift Differential (NSD)-
• Engaged to Wait vs. Waiting to be engaged • Rule on NSD- Every employee shall be paid a night shift
differential of not less than ten percent (10%) of his regular
wage for each hour of work performed between ten o’clock in
the evening and six o’clock in the morning.
Coverage- Applies to all employees, except: enjoying the benefit, those with VL of at least 5 days,
• Government Employees. establishment with less than 10 employees
• Kasambahay
• Managerial Employees. Paternity Leave
• Officers or members of Managerial Staff Coverage- All married male employees in the private sector and
• Field Personnel public sector (but shall be governed by the Civil Service rules),
• Waiver of NSD- GR: NSD cannot be waived for such waiver regardless of their employment status (e.g. probationary,
is against public policy (Mercury Drug Co., Inc., vs. Dayao, regular, contractual, project based)
et.al.) Benefit- Seven (7) calendar days, with full pay, consisting of
basic salary and mandatory allowances. It will be availed after
• Exception: Higher or better benefits given by employer
delivery unless company policies provide otherwise Limitation
- apply only to the first four (4) deliveries or miscarriage
Weekly Rest Day (RD)-
• Right to Rest Day - It shall be the duty of every employer,
Conditions for Entitlement
whether operating for profit or not, to provide each of his
1. He is an employee at the time of the delivery 2. He is
employees a rest period of not less than twenty-four (24)
cohabiting with his spouse at the time of delivery or miscarriage.
consecutive hours after every six (6) consecutive normal
Note: cohabiting means the obligation of the husband and wife
workdays.
to live together. If the spouses are not physically living together
• Designation of Rest Day- Article 91b. The employer shall because of workstation or occupation, the male employee is still
determine and schedule the weekly rest day of his employees entitled to the paternity leave benefit.
subject to collective bargaining agreement and to such rules and 3. He has applied for paternity leave with his employer within a
regulations as the Secretary of Labor and Employment may reasonable period. In case of miscarriage, prior application for
provide. However, the employer shall respect the preference of paternity leave shall not be required.
employees as to their weekly rest day when such preference is 4. His wife has given birth or suffered miscarriage
based on religious grounds.
• Work on a Rest Day (Article 92) Maternity leave
• Compensation on Working on RD (Article 93) Coverage- all female employees, whether married or unmarried
Benefit- 105 days leave with option of additional 30 days but
Regular Holiday and Special Holiday without pay: additional 15 days for solo mothers. For
Holiday – means a consecrated day designated, a religious miscarriage, it is 60 days Additional 30 days may be availed but
festival, a day of exemption, that is, cessation from work, a day without pay
of festivity, recreation, or amusement Frequency of Grant- in every instance of pregnancy regardless
of frequency (Section 4, IRR-RA-11210,)
Holiday pay and Premium Pay
• Holiday pay – form of a premium accorded to an employee Conditions for Entitlement
who does not work on regular holidays. 1. a female employee should be an SSS member employed at
• Premium pay – is an additional compensation granted to a the time of her delivery or miscarriage,
covered employee for services rendered or work done on 2. She must have given the required notification to the SSS
holidays or rest days. through her employer,
3. her employer must have paid at least monthly contributions to
Holiday Pay for Certain Employees the SSS within the 12-month period immediately before the date
• Teachers (private school)- not paid on Sem break except of contingency (i.e., childbirth or miscarriage)
Christmas Break
• Piece Rate workers- holiday pay not less than average daily Solo Parent Leave (RA 8972)
earning for the last 7 days Coverage
• Seasonal workers-not paid during off season 1. A woman who gives birth as a result of rape and other crimes
• workers without regular working days- entitled against chastity even without a final conviction of the offender,
provided that mother keeps and raises the child.
LEAVES AND PAY 2. Parent left solo or alone with the responsibility of parenthood
1.SERVICE INCENTIVE LEAVE- due to the following circumstances:
Rule: Every employee who has rendered at least one (1) year of a. Due to death of spouse.
service shall be entitled to Service Incentive Leave of five (5) b. Spouse is detained or is serving sentence for a criminal
days leave with pay Exceptions: Govt employees, persons in conviction for at least one (1) year.
personal service of another, Managerial employees, officers or c. Physical and/or mental incapacity of spouse as certified
members of managerial staff, field personnel, those already by a public medical practitioner.
 d. Legal separation or de facto separation from spouse for at
least one (1) year, as long as he/she is entrusted with the Gynecological Disorder - refers to disorders that would require
custody of the children. surgical procedures such as, but not limited to mdilatation and
e. Declaration of nullity or annulment of marriage as decreed curettage and those involving female reproductive organs such
by a court or by a church as long as he/she is entrusted with as the vagina, cervix, uterus, fallopian tubes, ovaries, breast,
the custody of the children. adnexa and pelvic floor, as certified by a competent physician.
3. Unmarried mother/father who has preferred to keep and rear It shall also include hysterectomy, ovariectomy and mastectomy
her/his child/children instead of having others care for them or
give them up to a welfare institution. Special Leave - A woman employee having rendered
4. Any other person who solely provides parental care and continuous aggregate employment service of at least six (6)
support to a child or children. 5. Any family member who months for the last twelve (12) months shall be entitled to a
assumes the responsibility of head of family as a result of the special leave benefit of two (2) months with full pay based on
death, abandonment, disappearance or prolonged absence of her gross monthly compensation following surgery caused by
the parents or solo parent gynecological disorders

Effect of Change of Status - A change in the status or Benefit- two (2) months full pay based on her gross monthly
circumstances of the parent claiming benefits this Act, such that compensation
he/she is no longer left alone with responsibility of parenthood, Conditions:
shall terminate his/her eligibility for benefits Benefit- 7 days 1. She has rendered at least 6 months continuous aggregate
leave with pay employment service for the last 12 months prior to surgery.
2. She has filed an application for special leave with her
Conditions for entitlement employer within a reasonable period of time from the expected
1. He/she has rendered at least 1 year of service, whether date of surgery
continuous or broken. 3. She has undergone surgery due to gynecological disorders
2. He/she has notified his/her employer that he/she will avail as certified by a competent physician
himself/herself of it within a reasonable period of time, and Usage- special leave shall be granted after employee has
3. He/shehas presented to his/her employer a Solo Parent ID, undergone surgery without prejudice to an employer allowing an
which may be obtained from the DSWD office of the city or employee to receive her pay before or during the surgery Vl and
municipality where he/she resides SL- Vacation leave and Sick Leave are not required and
provided by the Labor Code and depends solely on voluntary
Leave for victims of VAWC employer’s policy and CBA
Rules on Cost-of-Living Allowances (COLA – P10.00 for
VAWC Leave- "Violence against women and their children" NCR):
refers to any act or a series of acts committed by any person Included (in the computation): Regular Holiday and Double
against a woman who is his wife, former wife, or against a Holiday
woman with whom the person has or had a sexual or dating Excluded (in the computation): OT pay, NSD pay, RD, SH,
relationship, or with whom he has a common child, or against RH+RD, SH+RH but will be added in the final computation
her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, Rules on Retail and Service Establishments:
sexual, psychological harm or suffering, or economic abuse 1. Employing 1-5 workers – NO: Holiday pay, NSD, SIL,
including threats of such acts, battery, assault, coercion, Retirement pays
harassment or arbitrary deprivation of liberty. 2. Employing 1-9 workers – NO: Holiday pa, SIL, Retirement
pays
Purpose of the Leave- to attend to medical and legal concerns 3. Employing 1-15 workers – with minimum wage of P454.00
Benefit- up to 10 days with full pay consisting of basic salary prior to October 2017, and P475.00 from October 2017 onwards
and mandatory allowances. The said leave shall be extended Note: Muslim Holidays – while the regular holidays are
when the need arises, as specified in the protection order issued observed in the whole country, the Muslim Holidays, except
by the barangay or the court. Requirements for Entitlement- Eidul Fitr and Eidul Adha, are observed only in specified
To be entitled to the leave benefit, the only requirement is for areas. Muslim employees working outside of the specified
the victim-employee to present to her employer a certification areas shall be excused from reporting for work during the
from the barangay chairman or barangay councilor or observance of the Muslim Holidays as recognized by law,
prosecutor or the Clerk of Court that an action relative to the without diminution of salary during the period.
matter is pending.
Kinds of Employment and Post-Employment
Special Leave for Women under RA 9710 SECURITY OF TENURE- is the right not to be removed from
Coverage- Any female employee regardless of age and civil one’s job except for a valid reason and through proper
status procedure. Coverage- Art. 278. Coverage. The provisions of
this Title shall apply to all establishments or undertakings, CASES WHEN SEPARATION PAY IN LIEU OF
whether for profit or not. REINSTATEMENT IS GIVEN (PAYROLL):
Art. 279. Security of tenure. In cases of regular employment, • there is resultant strained relations.
the employer shall not terminate the services of an employee • long passage of time or realities of the situation.
except for a just cause or when authorized by this Title. An • inimical to employer's / employee's interest.
employee who is unjustly dismissed from work shall be entitled • it will not serve the best interest of the parties.
to reinstatement without loss of seniority rights and other • company will be prejudiced.
privileges and to his full back wages, inclusive of allowances, • reinstatement is not feasible
and to his other benefits or their monetary equivalent computed
from the time his compensation was withheld from him up to the SEPARATION PAY- given to employees in instances covered
time of his actual reinstatement. (As amended by Section 34, by Just Causes and Authorized causes dismissal
Republic Act No. 6715, March 21, 1989) Entitlement- An employee’s entitlement to separation pay
depends on the reason or ground for the termination of his or
“A profession, trade or calling is a property right within the her services.
meaning of our constitutional guarantees. One cannot be As Act of Social Justice- It may also be given as financial
deprived of the right to work and the right to make a living assistance as act of social justice and as a benefit granted in the
because these rights are property rights, the arbitrary and CBA or company policy.
unwarranted deprivation of which normally constitutes an
actionable wrong." (JMM Promotion and Management, Inc. Amount of Separation Pay
v. Court of Appeals)”

Application of Security of Tenure

FIXED PERIOD EMPLOYEES- they could not be terminated
before the agreed period
PROJECT EMPLOYEES- terminating prior to completion of the
project may be considered as illegal dismissal
PROBATIONARY EMPLOYEES- they could only be terminated
upon just or authorized cause or through failure to comply with
the employer’s standards.
FOR OFWS- OFWs are not entitled to security of tenure

GENERAL RELIEFS AVAILABLE TO AN ILLEGALLY

TERMINATED EMPLOYEE
• Reinstatement
• Separation Pay Basis of Separation Pay - the computation of separation pay
• Back wages of an employee shall be based on his/her latest salary rate
Inclusion of Regular Allowance - in the computation of
REINSTATEMENT - restoration of the employee to the State separation pay, it would be error not to integrate the allowance
from which he has been unjustly removed or separated without with the basic salary. (Planters’ Products Inc. vs. NLRC January
loss of seniority rights and other privileges. 20, 1989)
Coverage from Income Tax- Exempted from taxation is the
Two types of Reinstatement separation pay received by an employee because of his/her
a. Actual or Physical Reinstatement separation from the service of the employer due to death,
b. Payroll Reinstatement sickness, or other physical disability or for other cause beyond
the control of said employee such as retrenchment, redundancy,
Important Points on Reinstatement: or cessation of business operations. (BIR Ruling No. 057-2014)
WENPHIL DOCTRINE- Order of Reinstatement is immediately
executory. It is not affected by the existence of an ongoing BACKWAGES - a relief given to an employee to compensate
appeal. him for loss of earnings during the period of his dismissal. It
DOCTRINE OF STRAINED RELATIONS- Where the presupposes illegal termination of the employee.
employment relationship has become so strained to preclude a
harmonious working relationship, and all that hopes of How Computed:
reconciliation are not effectively serve as a remedy, it would be a. actual reinstatement - from the time of illegal dismissal to
more beneficial to accord employee backwages and separation actual reinstatement
pay b. payroll reinstatement - from actual dismissal until finality of
decision
 GR: shall not exceed 6 months etc.:
other rules of backwages 1. apprenticeship agreement,
Rationale: The reason is that the employee while litigating the 2. contrary agreement,
illegality of his dismissal must still earn a living to support himself 3. established company rule,
and his family (Buenviaje vs. CA GR no. 147806) 4. nature of work,
Included in back wages: transportation and emergency 5. second chances,
allowances, vacation leave or sick leave or SIL, 13th month pay 6. extension)
Second: it is a temporary employment status prior to regular
Classification of Employment- Regular, Casual, Project, employment
Probationary, Fixed Period, Seasonal, Other types Third- Presence of the elements of probationary employment
1. REGULAR EMPLOYEES- Test of Regularity: reasonable contract (indication in the contract of - type of work, qualification
connection between activity performed by the employee in for regularization, fixed period, power to terminate during trial
relation to the usual business or trade of the employer period, causes of termination - JC or AC, and failure to qualify)

Two types of Regular Employees 5. CONTRACTUAL EMPLOYEES- Fixed-period employees are

By Nature of Work- those who are engaged to perform employees whose employment are based on a contract for a
activitiesthat are usually necessary or desirable in the usual fixed period
business or trade of employer.
By duration or length of employment- those who has Reason for Validity: Principle of Free Stipulation
rendered at least 1 year of service whether such service is Deemed Regular:
continuous or broken, with respect to the activity in which he is - the nature of his work is necessary and desirable in the
employed. principal business of the employer; and
- He enjoys the security of tenure during the limited time of his
2. CASUAL EMPLOYEES- where an employee is engaged to employment
perform activities which are not usually necessary or desirable
in the usual trade or business of the employer and he is not 6. SEASONAL EMPLOYEES- Employment arrangement where
considered as a project type, or hired for fixed period, or an employee is engaged to work during a particular season on
seasonal in nature an activity that is usually necessary or desirable in the usual
Book VI, IRR of Labor Code Sec. 5(b) Employment shall be trade or business of the employer
deemed as casual in nature if it is not covered by the preceding
paragraph; Provided, That any employee who has rendered at Status During Off-Season- employer-employee relationship is
least one year of service, whether such service is continuous or not severed but employee is considered on leave of absence
not, shall be considered a regular employee with respect to the without pay (temporary laid off)
activity in which he is employed, and his employment shall When Shall be considered as regular-seasonal-
continue while such activity exists. 1. when there is reasonable connection between the activity
performed by the employee in relation to the usual trade or
3. PROJECT EMPLOYEES- one whose employment has been business of the employer; and
fixed for a specific project, the completion or termination of 2. seasonal workers who are repeatedly engaged to perform the
which has been determined at the time of engagement same tasks for more than one season (Hacienda Fatima vs.
Test: whether the employee is assigned to carry out a NFSW-FGT January 28, 2003)
specific project
Other Types of Employees
Two types of Project Employment 1. OFWs including Seafarers
a. within the regular business of employer- within the regular 2. Teachers- only for Private School Teachers
business of employer but is distinct and separate from the other 3. House helpers
undertakings of the company b. not within the regular business-
not within the regular business of the corporation

4. PROBATIONARY EMPLOYEES
Concept- Probationary employment exists where the employee
upon his engagement is made to undergo trial period during
which the employer determines his fitness to qualify for regular
employment base on reasonable standards made known to him
at the time of his engagement.

CHARACTERISTICS of Probationary Employees

First: Employment is for a trial period