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Unformatted text preview: arers
are
contractuals
 o Millares
and
Lagada
v.
NLRC
 Article
 280
 of
 the
 Labor
 Code
 does
 not
 apply
 to
 overseas
 employment.
 A
 seafarer
 is
 not
 a
 regular
 employee,
and
is
not
entitled
to
separation
pay.
They
 are
 contractual
 employees.
 Their
 employment
 is
 governed
 by
 the
 contracts
they
sign
 every
time
they
 are
 rehired
 and
 their
 employment
 is
 terminated
 when
 the
 contract
 expires.
 Their
 employment
 is
 contractually
 fixed
 for
 a
 certain
 period
 of
 time.
 Moreover,
 it
 is
 an
 accepted
 maritime
 industry
 practice
 that
 employment
 of
 seafarers
 is
 for
 a
 fixed
 period
only.
 • • Article
281.
Probationary
employment.
 1. Probationary
employment
 • One
 who
 is
 on
 trial
 by
 an
 employer
 during
 which
 the
 employer
 determines
whether
or
not
he
is
qualified
for
permanent
employment
 • Being
 in
 the
 nature
 of
 a
 “trial
 period”,
 the
 essence
 of
 a
 probationary
 period
of
employment
fundamentally
lies
in
the
purpose
or
objective
 sought
to
be
attained
by
both
the
employer
and
the
employee
during
 said
 period.
 The
 length
 of
 time
 is
 immaterial
 in
 determining
 the
 Lalay
Abala.
ALS2014B.
Labor
II.
 2. 3. correlative
 rights
 of
 both
 in
 dealing
 with
 each
 other
 during
 said
 period.
 • The
employer
has
the
right
or
is
at
liberty
to
choose
who
will
be
hired
 and
who
will
be
denied
employment
 Employer’s
right
to
select;
the
need
for
probation
 • If
 the
 purpose
 sought
 by
 the
 employer
 is
 neither
 attained
 nor
 attainable
 within
 the
 said
 period,
 the
 Labor
 Code
 does
 not
 preclude
 the
 employer
 from
 terminating
 the
 probationary
 employment
 on
 justifiable
causes
 • MERALCO
v.
NLRC
 o Ramon
was
hired
by
Meralco
as
a
probationary
employee
for
 5
 months
 as
 a
 messenger.
 His
 superiors
 were
 dissatisfied
 with
 his
 performance.
 After
 4
 months,
 Ramon
 received
 a
 memo
 advising
 him
 of
 the
 termination
 of
 his
 probationary
 employment.
NLRC
ordered
Meralco
to
reinstate
Ramon.
 o SC
 reversed.
 There
 was
 sufficient
 cause
 for
 terminating
 his
 probationary
employment
after
only
4
months
 • International
Catholic
Migration
Commission
v.
NLRC
 o Bernadette
 was
 a
 probationary
 cultural
 orientation
 teacher.
 3
months
later,
Bernadette
was
informed
that
she
was
being
 terminated
for
her
failur...
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