Regular Employee in the Philippines

A Regular Employee is engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. Regular Employment is one of the Employment Classifications in the Philippines.

Defining Regular Employment

What is a Regular Employee?

Presidential Decree No. 442, also known as the Labor Code of the Philippines, provides the the legal provision for Regular employment which is stated in Article 295 of the renumbered Labor Code issued by the Department of Labor and Employment (DOLE):

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.

ART. 295. [280] Regular and Casual Employment.

What are the benefits of being a Regular Employee?

A regular employee has most of the benefits as provided in the General Labor Standards of the Labor Code of the Philippines has to offer but has no exclusivity to it.

Security of Tenure

A regular employee has the right of Security of Tenure that is mandated by the Labor Code of the Philippines. Probationary employment, which is not a mandated precursor to a regular employment, only enjoys a limited form of Security of Tenure. As such, a Regular Employee's employment can only be terminated only due to Just or Authorized Causes.

Does a Regular Employee have an end date?

No, a Regular Employee has no set end date or expiration. Should an employment have an expiration or at set time where the employment relationship cease, it is most likely a Fixed-term employee or a project employee.

Are Regular Employees entitled to Holiday Pay?

Yes, Regular Employees are entitled to Holiday Pay, unless they are employed in a retail or service establishment with less than 10 workers.

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