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NEW ERA UNIVERSITY COLLEGE OF LAW LABOR LAW REVIEW

Under Atty. Jose-Antonio T. Aliling 1st Semester, AY 2014-2015

Handout No. 02

SECURITY OF TENURE

CONSTITUTIONAL BASIS: Section 3, Article XIII, 1987 Philippine Constitution

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

x x x They shall be entitled to security of tenure, humane conditions of work, and a living wage. x x x

STATUTORY BASIS: Labor Code

Article 3. Declaration of basic policy. x x x The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.

Article 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)

-o- SECURITY OF TENURE = Terminated only for causes allowed by law and through the process prescribed by law. SECURITY OF TENURE is not equivalent to PERMANENT employment. Thus, there is should be no such thing as a Permanent Employee. Type / Class of Employee Causes for Termination / Separation Regular Employee Just Causes (Art. 282)

Authorized Causes (Art. 283) Disease (Art. 284) Voluntary Resignation (Art. 285) Retirement ( Art. 287)

Probationary Employee Just Causes (Art. 282) Authorized Causes (Art. 283) Disease (Art. 284) Voluntary Resignation (Art. 285) Retirement ( Art. 287)

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-Plus- Failure 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 (Article 281). “Probationary employees, notwithstanding their limited tenure, are also entitled to security of tenure.” ( Phil. Federation of Credit Cooperatives, Inc., et al. v. NLRC, et al., G.R. No. 121071, 11 December 1998)

Project Employee Just Causes (Art. 282) Authorized Causes (Art. 283) Disease (Art. 284) Voluntary Resignation (Art. 285) Retirement ( Art. 287) -Plus- The completion of the particular project or undertaking for which the employee was hired. (Art. 280) “A project employee hired for a specific task also enjoys security of tenure.”(Archbuild Masters and Construction, Inc. v. NLRC, G. R. No. 108142)

Seasonal Employee Just Causes (Art. 282) Authorized Causes (Art. 283) Disease (Art. 284) Voluntary Resignation (Art. 285) Retirement ( Art. 287) -Plus- The end of the season.

Fixed-Term Employee Just Causes (Art. 282) Authorized Causes (Art. 283) Disease (Art. 284) Voluntary Resignation (Art. 285) Retirement ( Art. 287) -Plus- Expiration of the stipulated and predetermine period.

POINT TO PONDER: Do Casual Employees enjoy security of tenure?