Casual Employee

We hear about regular employees all the time. The Labor Code explicitly defines regular employment. However, casual employment is given a negative definition. That is, if you are not a regular employee, project employee, or a seasonal employee, then you are a casual employee.

This may be confusing. Casual employee simply means that you work is not usually necessary or desirable to the business of your employer.

Things get clearer by giving examples. A carpenter fixing some tables and chairs in a restaurant is a casual employee. A truck helper in a mall might be a casual employee. A janitor in a tech company is a casual employee. You get the drift.

Can an employee who tenders his resignation go on AWOL prior to the acceptance of his resignation

Let’s say you have already tendered your resignation and is waiting for it to be accepted by your employer. Your mind is already set to do other things. Maybe move to another city or work for somebody else. Or maybe just live your life and enjoy.

Can you legally not report for work anymore even before your resignation is accepted?

Continue reading “Can an employee who tenders his resignation go on AWOL prior to the acceptance of his resignation”

Retrenchment is a valid way to dismiss employees

Though today’s economy is far from declining, retrenchment is the least of our concern. After all, Retrenchment is dismissal of employees due to economic reasons. That means the employer company is experiencing financial losses.

But just because today’s economy is growing, tomorrow would be rosy.

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Should an Employee Be First Convicted of Theft Before He Can Be Dismissed?

We hear it all the time. Employees stealing company property. We hear maintenance workers stealing spare parts. Cooks stealing meat from the kitchen. Laborers stealing scrap metal from the company backyard.

The common denominator of them all is that it is very hard to catch them in the act of stealing. It is very hard to prosecute them before the criminal courts. They tend to get away.

Not only that.

Continue reading “Should an Employee Be First Convicted of Theft Before He Can Be Dismissed?”

IN THE NEWS: DOLE orders PLDT to Regularize Workers

In this news, it seems DOLE has already issued a Decision to regularize workers under a labor-only contracting arrangement. PLDT filed a motion for reconsideration which was denied by PLDT. The decision and resolution has become final and executory.

Labor-only contracting is a prohibited arrangement whereby the contractor merely supplies workers to its clients.

Continue reading “IN THE NEWS: DOLE orders PLDT to Regularize Workers”

When a Managerial Employee May Not Be Dismissed on the Ground of Loss of Confidence

As managerial employees, you have to gain the trust and condidence of your employer.

As stated in my previous post, a manager gives up rigid standards for his dismissal upon his promotion.

But is there instance when he cannot be dismissed? In other words, when is dismissal of a managerial employee based on loss of trust and confidence illegal?

Continue reading “When a Managerial Employee May Not Be Dismissed on the Ground of Loss of Confidence”

Termination of a Manager

A manager is someone who occupies a position that handles more than two employees in an establishment or a division.

Since being a manager connotes more responsibility, accepting a promotion to such entails that you surrender the rigid standards before you can be terminated. Unlike a rank-and-file employee, a manager can be dismissed based on loss of trust and confidence.

Thus, the standar is much loose as compared to an ordinary employee. If you are caught stealing, as long as there is a reasonable belieft that you committed or participated, you can be dismissed on this ground. You do not have to be proven guilty beyond reasonable doubt unlike in a criminal case.

You might think that this is too harsh. In a way it is, but the law provides guidelines. One of these is that there must be a basis for the loss of trust and confidence. The employer must not just act in an arbitrary and whismical way.