This case has been cited 1 times or more.
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2007-09-28 |
CHICO-NAZARIO, J. |
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| 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 actually exist. Under the foregoing provision, a regular employee is (1) one who is either engaged to perform activities that are necessary or desirable in the usual trade or business of the employer except for project[21] or seasonal employees; or (2) a casual employee who has rendered at least one year of service, whether continuous or broken, with respect to the activity in which he is employed.[22] Additionally, Article 281 of the Labor Code further considers a regular employee as one who is allowed to work after a probationary period. Based on the aforementioned, although performing activities that are necessary or desirable in the usual trade or business of the employer, an employee such as a project or seasonal employee is not necessarily a regular employee. The situation of respondent is similar to that of a project or seasonal employee, albeit on a daily basis. | |||||