Do you know how many types of employment are there in the Philippines? Other than probationary and regular employment, there are also other types of employment that an employer may consider depending on the business requirements.

  • Types Of Employment in the Philippines
    • Regular Employment
    • Project Employment
    • Seasonal Employment
    • Casual Employment
    • Fixed Term Employment

Types of Employment in the Philippines

The type of employment shall not be dictated by the employment contract but rather by the definition of law. It shall be determined by the nature of the activities to be performed, and in some cases, the duration of the engagement and the continued existence of such activities. Moreover, any terms and conditions of the employment contract that are constructed to circumvent employees’ security of tenure shall be disregarded as contrary to public policy.

In the case of Leyte Geothermal Power Progressive Employees Union ALU TUCP vs Philippine National Oil Company Energy Development Corporation, the court has differentiated 5 different types of employment:

  • Regular Employment
  • Project Employment
  • Seasonal Employment
  • Casual Employment
  • Fixed Term Employment

Regular Employment

Pursuant to Article 280 (Renumbered Art. 295) of the Labor Code of the Philippines, regular employees are those who have been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.

Project Employment

Project employment refers to employment that is coterminous with the project. A project employee may not expect to be employed continuously beyond the completion of the project. As emphasized in the case of ALU-TUCP vs. NLRC and NSC, the principal test for determining as a project employee is whether or not the employees were assigned to carry out (1) a specific project or undertaking, (2) the duration and (3) scope of which were (4) specified at the time the employees were engaged for that project.

Seasonal Employment

Seasonal employment is a type of employment when an employee performs work that is seasonal or periodic in nature. However, the employment itself is not automatically considered seasonal so as to prevent the employee from acquiring regular status.

To categorize the employment as seasonal employment, the employer must show that the employee must be performing work or services that are seasonal in nature; and the employment is for the duration of the season.

Casual Employment

Casual employment refers to those that are not regular, project or seasonal in nature. It is a type of employment whereby employees are employed to perform activities that are not usually necessary to the employer’s business or trade.

However, casual employees shall be considered as regular employees with respect to the activity he is employed and while such activity exists after rendering 1 year of service, whether such service is continuous or broken.

Fixed-term Employment

Fixed-term employment is whereby the service of the employee is engaged only for a definite period of time and the contract shall be deemed terminated upon the end of such period irrespective of the existence of just cause and regardless of the activity the employee is called upon to perform (see Brent School, Inc., et al. vs. Ronaldo Zamora, et al.).  Fixed-term employment contracts are only upheld valid and not as a mean to circumvent the employee’s security of tenure when both parties entered into the agreement knowingly and voluntarily without external influence; or both parties were on more or less equal terms.