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Who are seasonal employees?

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Article 295 of the Labor Code defines seasonal employees as those whose work or engagement is seasonal in nature and the employment is only for the duration of the season.

 

 

 

 

Gopio vs. Bautista , G.R. No. 205953, June 06, 2018, [864 SCRA 463

 

 

 

 

 

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Are overseas workers entitled to security of tenure?

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Overseas workers, regardless of their classification, are entitled to security of tenure, at least for the period agreed upon in their contracts. This means that they cannot be dismissed before the end of their contract terms without due process.

 

 

Gopio vs. Bautista , G.R. No. 205953, June 06, 2018, [864 SCRA 463]

 

 

 

 

 

 

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How do you determine whether a person is indeed a legitimate labor contractor?

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To determine whether a person or entity is indeed a legitimate labor contractor, it is necessary to prove not only substantial capital or investment in tools, equipment, work premises, among others, but also that the work of the employee is directly related to the work that contractor is required to perform for the principal.

 

 

Lingat vs. Coca-Cola Bottlers Philippines, Inc., G.R. No. 205688, July 04, 2018, [870 SCRA 541]

 

 

 

 

 

 

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What is job contracting or subcontracting?

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Job contracting or subcontracting is the one allowed and permitted by law. It is an arrangement whereby a principal agrees to put out or farm out with the contractor or subcontractor the performance or completion of a specific job, work, or service within a definite or predetermined period, regardless of whether such job, work, or service is to be performed or completed within or outside the premises of the principal.

 

San Miguel Foods, Inc. vs. Rivera, G.R. No. 220103, January 31, 2018, [853 SCRA 579]