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1 CONTRACTUAL EMPLOYMENT on Mon May 05, 2014 5:42 pm


Arresto Menor
Hello! I just like to ask and I need clarifications on the following: (looking forward for your help and replies) Thank you Smile
Currently working for a supermarket, continuously hiring baggers, cashiers and merchandisers. I've been away in the country for sometime po so i need updates on the legalities on these.

1. how long po ang legal contractual employment? Is it the same pa din po once you worked more than 6 months you are considered Regular employee na?

Current Practice: 5 months

2. Once the employee finished the 5 months contract can I renew his/her contract again? Like again and again every time na maend of contract renew ulit? is there a time frame before I can renew his/her contract?

3. Is the contractual employee entitled to separation pay?

4. Is the employee entitled for a holiday pay when he happened to be on preventive suspension that falls on a holiday?

thank you in advance for your replies

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2 Re: CONTRACTUAL EMPLOYMENT on Tue May 06, 2014 9:24 am


Reclusion Temporal
1. yes
2. no, pag umabot ng 6 months ang employment ng employee automatic regular na sya lalo nat ang duties and responsibilities nya is the same as before.
3. they are terminated as a result of expiration of their contract, hindi sila entitled to separation pay but if they are dismissed prior to the expiration of their contract without just cause, of course they are entitled for separation pay. On the other side, if contractual employee dismissed for just cause he is not entitled to separation pay
4. ang alam ko pag preventive suspension 30 WORKING DAYS and maximum. kung under preventive suspension sya BEFORE HOLIDAY (na magiging basehan kung babayaran ang holiday nya) after the investigation and its proven that such employee is not guilty, you are required na bayaran sya, however kung mapatunayan in the end na wala syang kasalanan, you have to give what is due to him.

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3 Re: CONTRACTUAL EMPLOYMENT on Tue May 06, 2014 11:03 am


Arresto Menor
thank you Vane for your reply. f-up question/clarification

2. what they usually do is once the employee ends his/her contract na, pagcleclearance nila and after like 1 week to 1 month he/she can reapply and then another 5 months ulit. Pwede ba yun? I mean legal ba yun?

4. the situation kasi holiday april 17- 18, nakapreventive suspension si employee from april 14- 19. the thing is guilty sya and is for dismissal yung employee.

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4 Re: CONTRACTUAL EMPLOYMENT on Wed May 07, 2014 9:01 am


Reclusion Temporal
2. no, kahit continuous or broken pa ang employment with the same duties and responsibilities considered as regular employee na pag .umabot ng 6 months.
4. in my opinion, di na sya mababayaran ng holiday. kung guilty sya considered na suspended sya WITHOUT PAY.

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