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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Facts: A private city hotel hires Zoe as a seasonal banquet attendant to staff weddings and corporate events during the peak season from October 1 to February 28 each year. The contract states 'Seasonal employment; ends February 28.' Zoe has worked in four consecutive seasons in the same role. After this season, the hotel informs there is no work for the next season and does not rehire her. Zoe sues for illegal dismissal. Which of the following statements best describes Zoe's employment status, the controlling doctrine, and the circumstances under which a seasonal employee would become a regular employee under Philippine law?

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Zoe is a seasonal employee; the controlling doctrine is the recurring seasonal-work may become regular concept due to pattern of hiring; end-of-season termination is a dismissal only when the employer’s motive is to pretext avoid rehire; otherwise not. Zoe is a regular employee; the controlling doctrine is continuous-service; end-of-season termination is a dismissal; seasonal employment does not apply when the worker is already a regular employee. Zoe is a seasonal employee; the controlling doctrine is the seasonal employment rule recognizing defined seasons; end-of-season termination is not a dismissal when there is no work for the next season; a seasonal employee becomes regular when the same job is performed for several consecutive seasons with no substantial break, reflecting a continuing need for the worker. Zoe is a seasonal employee; the controlling doctrine is the pattern-of-hiring concept which may lead to regular status even if the work is not performed in every season, provided the employer continues to pay and assign duties for the same role.

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