The Labor Code of the Philippines, Presidential Decree No. 442 of 1974, has been amended many times since it was promulgated. Republic Act No. 10151 (2011) repealed two articles, inserted a new chapter on the employment of night workers, and provided that the articles after them "are hereby renumbered accordingly." The Department of Labor and Employment published the renumbered text as Department Advisory No. 01, Series of 2015, and later statutes, including Republic Acts No. 10741 and 10757, refer to that renumbering.
Decisions issued before the renumbering cite the old article numbers. The table below gives both numbers for the articles on termination of employment (Book VI, Title I), with links to the article pages on Intellegal.
Termination of employment (Book VI, Title I)
| Current | Former | Heading |
|---|---|---|
| Art. 293 | Art. 278 | Coverage |
| Art. 294 | Art. 279 | Security of Tenure |
| Art. 295 | Art. 280 | Regular and Casual Employment |
| Art. 296 | Art. 281 | Probationary Employment |
| Art. 297 | Art. 282 | Termination by Employer |
| Art. 298 | Art. 283 | Closure of Establishment and Reduction of Personnel |
| Art. 299 | Art. 284 | Disease as Ground for Termination |
| Art. 300 | Art. 285 | Termination by Employee |
| Art. 301 | Art. 286 | When Employment not Deemed Terminated |
Other renumbered articles on Intellegal
| Current | Former | Heading |
|---|---|---|
| Art. 229 | Art. 223 | Appeal |
| Art. 292 | Art. 277 | Miscellaneous Provisions |
| Art. 306 | Art. 291 | Money Claims |
Article 295 (formerly Article 280): 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.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
Intellegal Wiki · In plain terms
Employment is regular when the employee performs activities that are usually necessary or desirable in the employer's usual business or trade, whatever the written or oral agreement of the parties says. The exceptions are employment fixed for a specific project or undertaking whose completion or termination was determined when the employee was engaged, and seasonal work for the duration of the season. Employment outside those terms is casual, but a casual employee who has rendered at least one year of service, continuous or broken, is considered regular with respect to the activity in which he is employed, for as long as that activity exists.
An editorially maintained plain-language explanation of this provision — not legal advice.
Supreme Court decisions applying it
Article 296 (formerly Article 281): Probationary Employment
Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Intellegal Wiki · In plain terms
Probationary employment may not exceed six months from the date the employee started working, unless an apprenticeship agreement stipulates a longer period. A probationary employee may be dismissed for a just cause, or for failing to qualify as a regular employee under reasonable standards that the employer made known to the employee at the time of engagement. An employee who is allowed to work after the probationary period is considered a regular employee.
An editorially maintained plain-language explanation of this provision — not legal advice.
Supreme Court decisions applying it
Article 300 (formerly Article 285): Termination by Employee
(a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
(b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
4. Other causes analogous to any of the foregoing.
Intellegal Wiki · In plain terms
An employee may end the employment without just cause by serving written notice on the employer at least one month in advance; an employer who is not served that notice may hold the employee liable for damages. An employee may leave without notice for a just cause: serious insult by the employer or his representative on the honor and person of the employee; inhuman and unbearable treatment by the employer or his representative; the commission of a crime or offense by the employer or his representative against the employee or an immediate member of his family; or other analogous causes.
An editorially maintained plain-language explanation of this provision — not legal advice.
Article 301 (formerly Article 286): When Employment not Deemed Terminated
The bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.
Intellegal Wiki · In plain terms
Employment is not terminated by a bona fide suspension of the business or undertaking for a period not exceeding six months, or by the employee's fulfillment of a military or civic duty. In either case, the employer must reinstate the employee to his former position without loss of seniority rights, if the employee indicates the desire to resume work within one month from the resumption of operations or from relief from the military or civic duty.
An editorially maintained plain-language explanation of this provision — not legal advice.
Supreme Court decisions applying it
Source: Labor Code of the Philippines, DOLE edition (2022): P.D. No. 442, as amended and renumbered pursuant to DOLE Department Advisory No. 01, Series of 2015.