Notonlymusttheabsorbing corporation retain the

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Unformatted text preview: Article
275.
Tripartism
and
tripartite
conferences.
 1. Tripartism
 • Is
 representation
 of
 the
 3
 sectors
 –
 the
 public/government,
 employers,
and
workers
–
in
policy‐making
bodies
of
the
government
 • What
is
provided
for,
for
the
private
sector,
is
workers’
participation
 in
policy
and
decision‐making
processes
directly
affecting
their
rights,
 benefits,
and
welfare
 Article
276.
Government
employees.
 Article
277.
Miscellaneous
provisions.
 Book
Six:
Post­employment
 Title
I:
Termination
of
employment
 [Part
1.
Introduction:
employee’s
security
of
tenure]
 Article
278.
Coverage.
 Article
279.
Security
of
tenure.
 1. 2. 3. Constitutional
guaranty
of
tenure
 • The
policy
of
the
state
is
to
assure
the
right
of
workers
to
security
of
 tenure
 • Non­regular
employees
 o The
Code
itself
and
the
court
rulings
do
not
limit
security
of
 tenure
to
regular
employees
 o So
 also
 a
 project
 or
 seasonal
 employee
 enjoys
 security
 of
 tenure
 even
 only
 for
 the
 duration
 of
 the
 limited
 period
 of
 their
employment
 o There
is
security
of
tenure
for
a
limited
period
and
security
 of
tenure
for
an
unlimited
period
 Tenure
of
managerial
personnel
 • Generally,
 employers
 are
 allowed
 a
 wider
 latitude
 of
 discretion
 in
 terminating
 the
 employment
 of
 managerial
 personnel
 or
 those
 who,
 while
 not
 of
 similar
 rank,
 perform
 functions
 which
 by
 their
 nature
 require
the
employer’s
full
trust
and
confidence
 • This
 should
 be
 distinguished
 from
 the
 case
 of
 ordinary
 rank‐and‐file
 employees,
whose
termination
on
the
basis
of
same
grounds
require
a
 higher
proof
of
involvement
in
the
events
in
question
 • Even
managerial
employees
are
entitled
to
security
of
tenure
 o While
 an
 employer
 has
 its
 own
 interests
 to
 protect,
 it
 may
 terminate
 a
 managerial
 employee
 for
 a
 just
 cause,
 such
 prerogative
 to
 dismiss
 or
 lay
 off
 an
 employee
 must
 be
 exercised
without
abuse
of
discretion
 Right
to
security
of
tenure
cannot
be
contracted
away
 Title
I:
Termination
of
employment
 [Part
2.
Kinds
of
employment]
 Article
280.
Regular
and
casual
employment.
 1. Essentiality
of
employer­employee
relationship
 • Article
280
presupposes
employment
relationship
 31
 Note
 that
 any
 agreement
 may
 provide
 that
 one
 party
 shall
 render
services
for
and
in
behalf
of
another,
no
matter
how
 necessary
for
the
latter’s
business,
even
without
being
 hired
 as
an
employee
 Regular
employment
 • The
 primary
 standard
 to
 determine
 a
 regular
 employment
 is
 the
 reasonable
 connection
 between
 the
 particular
 activity
 performed
 by
 the
 employee
 in
 relation
 to
 the
 usual
 business
 or
 trade
 of
 the
 employer.
 The
 test
...
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This document was uploaded on 03/11/2014.

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