Mikhail Laurence C. Millan Labor 2 Paper

Mikhail Laurence C.
Millan
Labor 2 Paper
With regard to the rights of the employer and employee in Book 5, it focuses
mainly on Labor Organizations, the rights and duties of such organizations and its
members, unfair labor practices of the employer, and the right to strike and protest. All
these rights will be summarized later.
Book 6 of the Labor Code talks about the topic of Post Employment. It first talked
about the rights of the employee to security of tenure. Now, not all employees enjoy that
right. Only those that are regularly employed are entitled to security of tenure. If a regular
employee is unjustly dismissed, he is entitled to reinstatement without lost of seniority
rights and other privileges and to his full backwages, inclusive of allowances, and to his
other benefits or their monetary equivalent computed from the time his compensation was
withheld from him up to the time of his actual reinstatement.
There are 6 kinds of employment in the Philippines, namely: Regular, Casual,
Project, Seasonal, Probationary, and Fixed-Term. For the first kind, 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.
An employment will be considered a project employment if it 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. A seasonal employment is

when the work or service to be performed is seasonal in nature and the employment is
only for the duration of the season. An employment is deemed casual if it does not fall in
any of the definitions of employment. However, 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 activity exists. Finally, a probationary
employment is when the employee is not fully employed. There’s a definite period where
the employee will be weighed and analyzed based on his performance before becoming a
regular employee. Probationary employment shall not exceed six (6) months from the
date the employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period. The services of an employee who has been engaged on a
probationary basis may be terminated for a just cause or when he fails to qualify as a
regular employee in accordance with reasonable standards made known by the employer
to the employee at the time of his engagement. An employee who is allowed to work
after a probationary period shall be considered a regular employee.
“Now why is it important to distinguish the different kind of employees?” young
Darwin asked.
Grandpa Bear answered, “It’s important to distinguish the different kinds of
employment because they have different rights from each other. For example, a casual
employee does not have the right to security of tenure compared to a regular employee.
The rights of an employee all depends on what kind of employee they are.”
With regard to the termination of an employee it could go in two ways, by the will
of the employer or by the will of the employee. In the case of the employer, an employer
may terminate an employment for any of the following causes: (a) Serious misconduct or
willful disobedience by the employee of the lawful orders of his employer or
representative in connection with his work; (b) Gross and habitual neglect by the
employee of his duties; (c) Fraud or willful breach by the employee of the trust reposed in
him by his employer or duly authorized representative; (d) Commission of a crime or
offense by the employee against the person of his employer or any immediate member of
his family or his duly authorized representatives; and (e) Other causes analogous to the
foregoing.
Apart from the reasons above, according to the labor code, the employer may also
terminate the employment of any employee due to the installation of labor-saving
devices, redundancy, and retrenchment to prevent losses or the closing or cessation of
operation of the establishment or undertaking Finally, an employer may terminate the
services of an employee who has been found suffering from any disease and whose
continued employment is prohibited by law or is prejudicial to his health or to the health
of his co-employees. The employee however has the right to be paid his separation pay
equivalent to at least one month salary or to one-half month salary of service, whichever
is greater.
An employee also has a right to terminate the employment, whether with just
cause or without just cause. The just causes are: (a) Serious insult by the employer or his
representative on the honor and person of the employee; (b) Inhuman and unbearable
treatment accorded the employee by the employer or his representative; (c) Commission
of a crime or offense by the employer or his representative against the person of the
employee or any of the immediate members of his family.
The last right that the employee has under Book 6 is the right to retire. An
employee may retire upon reaching the retirement age established in the contract with the
employer.

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Mikhail Laurence C.

these rights will be summarized later.

employee is unjustly dismissed, he is entitled to reinstatement without lost of seniority

withheld from him up to the time of his actual reinstatement.

There are 6 kinds of employment in the Philippines, namely: Regular, Casual,

An employment will be considered a project employment if it 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. A seasonal employment is

employment shall continue while such activity exists. Finally, a probationary

date the employee started working, unless it is covered by an apprenticeship agreement

after a probationary period shall be considered a regular employee.

“Now why is it important to distinguish the different kind of employees?” young

Grandpa Bear answered, “It’s important to distinguish the different kinds of

willful disobedience by the employee of the lawful orders of his employer or

him by his employer or duly authorized representative; (d) Commission of a crime or

terminate the employment of any employee due to the installation of labor-saving

devices, redundancy, and retrenchment to prevent losses or the closing or cessation of

operation of the establishment or undertaking Finally, an employer may terminate the

continued employment is prohibited by law or is prejudicial to his health or to the health

employee or any of the immediate members of his family.

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