Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: Knowing the Difference Between Probationary Employment and Project Employment
Seasonal employment is an arrangement where an employee is engaged to work during a particular season in an activity that is usually necessary or desirable in the usual business or trade of the employer. This is an employment where the job, work or service to be performed is seasonal in nature and the employment is for the duration of the season. For Seasonal employees, their employment legally ends upon completion of the project or the season.
Regular Employment
There are two types of regular employment – first, as to the nature of work and second, as to length of service.
As to nature of work, 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.
As to length of service, any employee who has rendered at least one (1) 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.
But, one year duration on the job is pertinent in deciding whether casual employee has become regular or not, but it is not pertinent to a Seasonal employee. Passage of time does not make a seasonal worker regular or permanent.
Seasonal Employee
In the case of seasonal employees, they can become regular employees if the following requisites are complied with:
- The seasonal employees should perform work or services that are seasonal in nature; and
- They must have been employed for more than one (1) season.
Accordingly, the fact that Seasonal employees do not work continuously for one whole year but only for the duration of the season, does not detract from considering them in regular employment. Seasonal workers who are called to work from time to time and are temporarily laid off during off-season are not separated from service in that period, but merely considered on leave until re-employed.
If the employee has been performing the job for at least a year, even if the performance is not continuous and merely intermittent, the law deems repeated and continuing need for its performance as sufficient evidence of the necessity if not indispensability of that activity to the business. Hence, the employment is considered regular, but only with respect to such activity and while such activity exists (Benares v. Pancho, G.R. No. 151827, April 29, 2005).
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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