Requirement for the just and the authorized

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Unformatted text preview: is
 whether
 the
 former
 is
 usually
 necessary
 or
 desirable
in
the
usual
business
or
trade
of
the
employer
 • What
 determines
 regularity
 or
 casualness
 is
 not
 the
 employment
 contract,
written
or
otherwise,
but
the
nature
of
the
job
 • If
 the
 work
 is
 integral
 part
 of
 the
 business
 and
 the
 worker
 does
 not
 furnish
 an
 independent
 business
 or
 professional
 service,
 the
 work
 is
 presumed
to
be
a
regular
employment
 • Two
kinds
of
regular
employment
 o Regular
employees
by
nature
of
work
 o Regular
employees
by
years
of
service
 • Casual
employee;
regular
employee
by
year(s)
of
service
 o The
 other
 type
 of
 regular
 employee
 is
 the
 casual
 employee
 who,
after
one
year
of
service,
becomes
regular
 o But
 he
 is
 “regular”
 only
 for
 that
 work
 activity
 for
 which
 he
 was
 hired.
 His
 employment
 may
 be
 on‐and‐off,
 but
 every
 time
the
particular
work
activity
occurs,
he
is
the
one
to
be
 rehired.
In
this
sense,
he
is
a
“regular
casual”.
A
casual
may
 become
 regular
 even
 if
 he
 is
 not
 issued
 a
 “regular”
 employment
 • Casual
 employee
 with
 less
 than
 one
 year
 of
 service
 does
 not
 become
regular
 • May
regular
jobs
be
contracted
out?
 o Contracting
 out
 of
 a
 job,
 work,
 or
 service
 that
 results
 in
 termination
 of
 regular
 employees
 and
 reduction
 of
 work
 hours
 or
 reduction
 or
 splitting
 of
 the
 bargaining
 unit
 is
 allowed
when
done
in
good
faith
 and
justified
by
exigencies
 of
the
business
 o It
 has
 to
 be
 so
 because
 survival,
 expansion,
 and
 even
 dominance
are
legitimate
aims
of
business
and
management
 is
 allowed
 by
 law
 and
 impelled
 by
 business
 economics
 to
 take
lawful
measures
to
realize
these
aspirations
 • Does
contracting
out
require
union’s
conformity?
 o No,
 contracting
 out
 is
 a
 management
 right,
 subject
 to
 regulations
already
existing
 Projecting
employment:
meaning
and
scope
 • Project
 employment
 is
 one
 whose
 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
 • The
 project
 for
 the
 carrying
 out
 of
 which
 “project
 employees”
 are
 hired
 would
 ordi...
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This document was uploaded on 03/11/2014.

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