How does the law define regular employment and when does this classification apply to an employee?

Under the law, an employment is deemed regular when the employee is engaged to perform activities that are usually necessary or desirable in the usual business or trade of the employer. This holds true regardless of any written or oral agreements between the parties stating otherwise. However, this does not apply if the employment was fixed for a specific project with a predetermined completion at the time of engagement. It also does not apply to seasonal work where employment is only for the duration of the season. This rule is outlined in Article 295 Labor Code of the Philippines. “ART. 295. Regular and Casual Employment. – 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.” 02-Jun-26

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