Practice question
An established regular seasonal worker receives a genuine temporary layoff notice and a recall date, remains attached to the employer, and need not reapply. The worker claims permanent dismissal solely because no work is available in the lean season. Under Rivera, what must be distinguished?
- Temporary seasonal leave from actual permanent separation
- Every lack of work is permanent discharge
- A recall notice proves the worker was never an employee
- Regular seasonal status eliminates every lean period
- All seasonal workers must be reclassified as year-round administrators
Legal references
- Labor Code, Articles 118 and 295 (formerly 280): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Rivera v. Universal Leaf Philippines, Inc., G.R. No. 272080, February 19, 2026, MAIN decision: https://lawphil.net/judjuris/juri2026/feb2026/gr_272080_2026.html
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