Basic knowledge or common sense need not be stated in the standard of probationary employment

Probationary:o Employer: to give ample time to determine of employee is capable of employmento Employee: to give time to prove himself of the employment

If company provides for specific standard. It must be followed Probationary status is not mandatory. An employee can be regularized even on his first day. Probationary discretion upon the employer. Regular employment: if the activity still exists (as to a prior casual employee) Absence of employment contract doesn’t necessarily mean that employee is regular employee. If there is no renewal of contract of a project employee is an indication of regular employment. A project or work pool employee, who has been: (1) continuously, as opposed to

intermittently, rehired by the same employer for the same tasks or nature of tasks; and (2) those tasks are vital, necessary and indispensable to the usual business or trade of the employer, must be deemed a regular employee.

Duration and scope of employment is predetermined at the time of the hiring. Desirability is not an issue in project employment. NOTE: PLDT and San Miguel case.

o Your services are only required if there is a specific need.o PLDT although necessary and important, still connected with employment.

Indication of project employment: giving of bonus (but not conclusive) SEASONAL: seasonal in nature. If you are a seasonal employee, you may still be a regular employee If seasonal employee considered as regular employee, you may claim for reinstatement or

payment of separation pay Fixed term: An employee who can demand (necessary and desirable)

o there is a fixed term voluntarily agreed upon by the parties.o both parties agreed to such equal term.

TERM: fixed: day certain When is it illegal: If two requisites are not followed and it is for employer to circumvent the law.