Book VI — Post-Employment
Article 280Regular and casual employment.
ELI5— what this means for you
The anti-endo article. If your job is 'necessary or desirable' to your employer's regular business — regardless of what your contract says — you are a REGULAR employee by law. A 5-month contract doesn't make you contractual if the work is core to operations.
Key point
Necessary job + time in service = regular employee. Contract labels can't override the law.
Official text — PD 442
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.
Source: lawphil.net (PD 442 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.