WEEK 7

LABOR LAW
&
LEGISLATION
 EMPLOYER-EMPLOYEE
RELATIONSHIP

The employment relationship is the

legal link between employers and
employees. It exists when a person
performs work or services under
certain conditions in return for
remuneration.

WEDELIVERHEALTHY.CO

THE FOUR-
FOLD TEST
In determining the existence of
employer-employee relationship,
the elements that are generally
considered comprises the so-
called "four-fold test";
Selection and engagement
1
of employees;
Payment of wages;
2
The power of dismissal;
3
The employer's power to
4
control the employee with
respect to the means &
methods by which the work
is to be accomplished.
CONTROL TEST

As in every case involving the determination of whether or not an

employer-employee relationship obtains, it must be established in each
case that the alleged employer exercises control over the means and
methods employed by the worker in achieving a set objective. Only then
can such relationship be said to exist.
KINDS OF
EMPLOYMENT
REGULAR
EMPLOYMENT
NATURE OF WORK
when the employee has been
engaged to perform activities which
are usually necessary or desirable
in the usual business or trade of
the employer.
YEARS OF SERVICE
Any employee who has rendered at
least 1year of service whether such
service is continuous or broken,
shall be considered a regular
employee.
PROJECT
EMPLOYMENT

an employment that has been fixed for a

specific project or undertaking the
completion for which has been determined
at the time of engagement of the employee;

However, repeated hiring on a project-

to-project basis is considered necessary
and desirable to the business of the
employer. Hence, the employee is regular.
PROBATIONARY
EMPLOYMENT

Employment where the employee, upon his

engagement:

Is made to undergo a trial period;

during which the employer determines his
fitness to qualify for regular employment;
based on reasonable standards made
known to the employee at the time of
engagement;
RULES ON
PROBATIONARY
EMPLOYMENT

Employer shall make known to the

01
employee at the time he is hired, the
standards by which he will qualify as a
regular employee;

An employee allowed to continue work

02
after the probationary period shall be
considered a regular employee;

During the probationary period, the

03
employee enjoys security of tenure;
 Covered by an
1
Apprenticeship or
GENERAL Learnership agreement;
RULE:
Voluntary agreement of the
2
parties;

The employer give the

3
Probationary Employment shall employee a second chance
not exceed 6 months. to pass the standard test;

When the same is required

4
by the nature of the work;

EXCEPTION:
When the same is
5
established by company
policy.
SEASONAL
EMPLOYMENT

Employment where the job, work or

service to be performed is seasonal in
nature and the employment is for the
duration of the season;
CASUAL EMPLOYMENT

It is an employment where the

01
employer is engaged in an activity
which is not usually necessary or
desirable in the usual trade or
business of the employer, provided
such employment is neither project
nor seasonal;

An employee is engaged to perform a

02
job, work or service which is merely
incidental to the business of the
employer, and such job, work or
service is for a definite period made
know to the employee at the time of
engagement;
CASUAL EMPLOYEE
BECOMING A
REGULAR EMPLOYER

if he has rendered at least 1 year of

service, whether such service is
continuous or broken, he is considered as
regular employee with respect to the
activity in which he is employed and his
employment shall continue while such
activity exists;
FIXED TERM
EMPLOYMENT

a contract of employment for a definite

period terminated by its own terms at the
end of such period.