THE PHILIPPINES
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Labour Code of the Philippines (Third Edition, 1977).
Article 280 (Security of tenure)
Appendix XI
In case of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorised by this Title (Termination of Employment). An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority, rights and to payment of back wages computed from the time his compensation was withheld from him up to the time of his reinstatement.
Article 281 (Regular and casual employment)
The provisions of written agreement to the contrary notwith- standing, and regardless of the oral agreements of the parties, 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, except where the employment 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, or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph; provided, that 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.
Article 282 (Probationary employment)
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 for a regular employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Article 284 (Reduction of personnel
The termination of employment of any employee due to the installation of labour-saving devices, redundancy, retranchment to prevent losses, and other similar causes, shall entitle the employee affected thereby to separation pay. In case of termination due to the installation of labour-saving devices or redundancy, the separation pay shall be equivalent to one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and other similar causes, the separation pay shall be equivalent to one (1) month pay or at least one-half (†)`month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
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