Social

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: se
called
to
work
from
time
to
time.
They
 are
 not,
 strictly
 speaking,
 separated
 from
 the
 service
 but
 are
 merely
 o 4. Lalay
Abala.
ALS2014B.
Labor
II.
 5. considered
 as
 on
 leave
 of
 absence
 without
 pay
 until
 they
 are
 reemployed
 • To
 be
 excluded
 from
 those
 classified
 as
 regular
 employees,
 it
 is
 not
 enough
 that
 they
 perform
 work
 or
 services
 that
 are
 seasonal
 in
 nature.
 They
 must
 have
 also
 been
 employed
 only
 for
 the
 duration
 of
 one
season
 • The
 Mercado
 ruling:
 project
 employees
 do
 not
 become
 regular
 although
service
exceeds
one
year
 o The
 one‐year
 duration
 on
 the
 job
 is
 pertinent
 to
 deciding
 whether
a
casual
employee
has
become
regular
or
not.
BUT
 it
is
not
pertinent
to
a
seasonal
or
project
employee.
Passage
 of
 time
 does
 not
 make
 a
 seasonal
 worker
 regular
 or
 permanent
 o BUT
 the
 doctrine
 that
 seasonal
 employees
 are
 regular
 and
 merely
 considered
 on
 leave
 of
 absence
 without
 pay
 during
 off‐season
still
stands
 • “Regular
contractuals”
entitled
to
benefits
of
regular
employees
 Fixed­period
employment,
when
valid
 • Is
it
the
legislative
intent
to
prohibit
contracts
that
fix
a
definite
period
 of
employment?
Are
such
stipulations
contrary
to
public
policy?
 o Labor
 Code
 –
 gradual
 and
 progressive
 elimination
 of
 references
to
term
or
fixed‐period
employment
 o Civil
 Code
 –
 has
 always
 recognized
 the
 validity
 and
 propriety
 of
 contracts
 and
 obligations
 with
 a
 fixed
 or
 definite
 period;
 Under
 the
 Civil
 Code,
 therefore,
 and
 as
 a
 general
proposition,
fixed‐term
employment
contracts
are
 not
limited,
as
they
are
under
present
Labor
Code,
to
those
 by
 nature
 seasonal
 or
 for
 specific
 projects
 with
 predetermined
 dates
 of
 completion;
 they
 also
 include
 those
to
which
the
parties
by
free
choice
have
assigned
a
 specific
date
of
termination
 • Brent
School,
Inc.
v.
Zamora
 o Alegre
was
the
athletic
director
of
Brent
for
a
specific
term
 of
 5
 years.
 When
 the
 employment
 contract
 was
 signed
 (before
the
Labor
Code
was
passed),
it
was
legitimate
for
 them
 to
 fix
 the
 duration
 of
 the
 employment.
 3
 months
 before
 the
 expiration
 of
 the
 period,
 Alegre
 was
 told
 that
 his
 services
 were
 to
 be
 terminated.
 Alegre
 was
 given
 a
 copy
 of
 the
 report
 filed
 by
 Br...
View Full Document

Ask a homework question - tutors are online