Because of the unstable of employment that we had in our country, most of the employers nowadays often hire a contractual employee. Contractual employee works under a signed contract that will valid until 3 to 6 months. Being a contractual employee is hard especially nowadays wherein getting a job is a competition, plus the fact that the cost of living are getting higher. However, an employee has the rights to be regular and be treated as a regular employee after working for at least 1 year. The Article below will further explain the rights of an employee upon regularization based on the Labor Code of the , Presidential decree Number 422:
ART. 280. Regular and Casual Employment. - The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the 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.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
Under the Labor Code of the
, an employee will be under probationary period until 6 months or maybe less depending on the performance of the employee. Within that certain period, the employer or supervisor will make an evaluation of your performance and will conclude if you deserved to be regular or not. This is how it written:
ART. 281. Probationary Employment. - Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
If an employee feels that he/she is not treated as a regular employee after working for years in a company, without receiving any benefits then he/she may file a case on his/her employer. You may contact Department of Labor and Employment hotline: (632) 527-8000.