Labor Relations is part of labor usually necessary or desirable

legislation which governs the in the usual business or trade

relationship between the employer and of the employer
employee. 2. Those who have rendered at
Employer-Employee Relationship Test least one year of service
whether continuous or broken,
Four-Fold Test with respect to the activities in
1. Right to Hire which they are employed.
2. Payment of Wages
3. Power of Dismissal Classification
4. Control over the Conduct of Work 1. By nature of work –
employees who perform a
Power of control - most important particular function which is
determining factor necessary or desirable in the
- Right to control not usual business or trade of the
only the end to be employer, regardless of their
achieved but also length of service;
the means to be 2. By years of service –
used in reaching employees who have been
such end performing the job, regardless
of its nature thereof, for at
least a year.
Classification of Employees:
Supervised piece-rate employees can
REGULAR EMPLOYEES become regular employees.
Categories:
- Refer to those 1. Those whose time and
employees who performance are supervised by
person a particular the employer
activity which is 2. Those whose time and
necessary or performance are unsupervised
desirable in the - Employer’s control
usual business or is over the result of
trade of the the work.
employer,
regardless of their
length of service
and the contract
entered into PROJECT EMPLOYMENT
between the - the employee is
employer and the performing an activity
employee. which are usually
necessary or desirable in
Kinds of Regular Employees the usual business or
1. Those who are engaged to trade of the employer but
perform activities which are for a definite period
 SEASONAL EMPLOYEES
Principal Test
- Whether or not the - Employed for the
project employees duration of the
were assigned to season
carry out specific - Seasonal workers
project or who are called to
undertaking, the work from time to
duration and scope time and are
of which were temporarily laid off
specified at the time during off-season
the employees were are not separated
engaged for that from service in said
project period, but merely
considered on leave
Two types of project until re-employed
employment
1. A project could refer to a CASUAL EMPLOYMENT
particular job or undertaking
that is within the regular or Characteristics
usual business of the
employer company, but which 1. It is not regular, project or
is distinct and separate, and seasonal employment;
identifiable as such, from the 2. There is an activity of the
other undertakings of the employer in which worker
company. is employed
2. A particular job or undertaking 3. The employee has
that is not within the regular rendered at least one (1)
business of the corporation. year of service (continuous
or broken)
When a project employee will 4. The activity still exists
become a regular employee:
- there is casual
1. When the employee is employment where
continuously, as opposed to the employee is
intermittently, rehired by the engaged to perform
same employer for the same a job, work or
tasks or nature of tasks service which is
2. Those tasks are vital, merely incidental to
necessary and indispensable the business of the
to the usual business or trade employer, and such
of the employer, must be job, work or service
deemed a regular employee is for a definite
period made known
to the employee at
 the time of 1. reasonable standards made
engagement known to him at the time of
engagement
FIXED-TERM EMPLOYMENT 2. the employee after an evaluation
must be informed that he/she
Requisites:
failed to qualify the standard
1. The fixed period of
before the expirations of the
employment was knowingly
probationary period
and voluntarily agreed upon
by the parties without any Probationary employee can be
force, duress or improper terminated based on:
pressure being brought to
bear upon the employee and 1. just cause
absent any other 2. authorized cause
circumstances vitiating his 3. failure to qualify the standard laid
consent; or down in the probationary
2. it satisfactorily appears that employment
the employer and the
employee dealt with each
other on more or less equal
Security of Tenure
terms with no moral
dominance exercised by the - regardless of types
former or the latter. of employment, the
employee enjoys
PROBATIONARY EMPLOYMENT
security of tenure.
Limitations Security of tenure
guarantees that no
1. it must be exercised in worker shall be
accordance with the specific dismissed except
requirements of the contract for just or
2. the dissatisfaction on the part of authorized causes
the employer must be real and in provided by law and
good faith, not feigned so as to after due process.
circumvent the contract or the law
3. there must be no unlawful
discrimination in the dismissal
Threats to employee’ Security of Tenure
1. Constructive Dismissal
2 kinds of Standards
- exists where there
1. Qualitative is a cessation of
2. Quantitative work because
continued
employment is
rendered
Two aspects of due process before a impossible,
valid termination of probationary unreasonable or
employee may be made. unlikely.
 - when there is a continued
demotion in rank or employment poses
diminution in pay or a serious and
both imminent threat to
- when a clear the life or property
discrimination, of the employer or
insensibility or of his co-workers
disdain by - indefinite preventive
anemployer suspension is
becomes tantamount to
unbearable to the constructive
employee dismissal
2 kinds of Constructive Dismissal 2 Kinds of suspension
1. if an act of clear 1. Preventive -
discrimination, insensibility or - the purpose is to
disdain by an employer protect the life or
becomes so unbearable on property of the
the part of the employee that employer or co-
it would foreclose any choice employee while the
except to forego continued investigation is on-
employment going
2. when the employee is places 2. Suspension as a form of penalty
under floating status for more - it must be
than six (6) months based on reasonable and
Art. 301 of the Labor Code. commensurate to
the offense.

Preventive Suspension
Termination of Employment
- is a disciplinary
measure for the - An employee can
protection of the be terminated from
company’s property employment
pending provided that certain
investigation of any standards are met.
alleged These standards
malfeasance or are composed of
misfeasance substantive and
committed by the procedural
employee 1. Substantive
- the employer may - there must be legal
place the worker basis in terminating
concerned under an employee from
preventive his/her work. there
suspension if his must be a valid
 cause for the an amount of
termination of Php5,000.00 in the
employment form of financial
assistance based
on social justice or
equity.
substantial evidence
Requisites:
- is more than a
mere scintilla of 1. it was not for serious misconduct
evidence or relevant 2. did not reflect on the moral
evidence as a character of the employee
reasonable mind
might accept as JUST CAUSES FOR TERMINATION
adequate to support OF EMPLOYMENT
conclusion, even if
other minds, equally Serious Misconduct
reasonable, might
- it is the
conceivably opine
transgression of
otherwise.
some established
and definite rule of
2. Procedural
action, forbidden
- the employee
act, a dereliction of
concerned must be
duty, wilful in
given an opportunity
character and
to explain his/her
implies wrongful
side in termination
intent and not mere
based on just
error of judgment.
causes and twin
notice to the DOLE Elements:
and employee
1. it must be serious
Principle of Discretionary Justice 2. it must relate to the
performance of the
- when a penalty less
employee’s duties
severe would
3. must show that the employee
suffice, whatever
has become unfit to continue
missteps may be
working for the employer
committed by labor
4. wrongful intent
ought not to be
visited with Absence of a wrongful intent is
consequences so only ordinary or simple
severe misconduct
Discerning Compassion Doctrine
- this principle gives Wilful Disobedience
an erring employee
 Elements: the entire absence
1. the conduct of the employee of care
must be wilful of intentional
2. the order the employee Fraud or Wilful Breach of Trust/Loss
violated must have been of Confidence
reasonable, lawful, made
Fraud
known to the employee and
must pertain to the duties that - refers to any act,
he had been engaged to omission, or
discharges concealment which
involves a breach of
Gross and Habitual Neglect of Duty
legal duty, trust or
- common expression confidence justly
is abandonment reposed and is
injurious to another.
Factors for abandonment to
exists:
1. the failure to report for work or Elements of loss of trust and confidence
absence without a valid of
1. the loss of confidence must not
justifiable reason
be simulated
2. clear intention to severe
2. it should not be used as a
3. the employer-employee
subterfuge for causes which are
relationship , with the second
illegal, improper or unjustified
element as the more
3. it may not be arbitrarily asserted
determinative factor being
in the face of overwhelming
manifested by some overt
evidence to the contrary
acts
4. it must be genuine, not a mere
afterthought, to justify earlier
- for abandonment to
action taken in bad faith
constitute a valid
5. the employee involved holds a
cause for
position of trust and confidence
termination of
employment, there
- point of view of the
must be a
employer
deliberate,
unjustified refusal of
the employee to
resume his 1. the act is not ordinary but wilful
employment. breach of trust
2. it is work-related as to expose the
Gross Negligence employee as unfit to continue
working
- implies a want or
absence of or failure Commission of a Crime or Offense
to exercise slight Against the Employer or Any
care or diligence or
Immediate Member of his Family or
Authorized Representatives

Other Analogous Cases

Requisites:
1. there must be an act or omission
similar to those specified just
causes
2. the act or omission must be
voluntary and/or wilful on the part
of the employer