Practice question
A genuine casual employee has satisfied the statutory service condition for a specific activity. The activity later genuinely ceases permanently. She asserts that Article 295 itself requires the employer to maintain that nonexistent activity forever, without identifying another basis. What is the sound response?
- The proviso requires every activity to exist forever
- The proviso says employment continues while the activity exists; any actual termination and monetary rights still require separate lawful analysis
- The proviso automatically transfers the employee to any employer
- Cessation retroactively erases all earned wages
- The employer can ignore every termination requirement
Legal references
- Labor Code, Articles 118 and 295 (formerly 280): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- DOLE Department Order No. 19, series of 1993, Sections 2-3: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/52129
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