Practice question
A tobacco processor’s admitted regular seasonal employees receive genuine lean-season temporary layoff notices and are later recalled to their existing positions without reapplying. No replacement hiring or permanent severance is proved. They argue that every lean-season pause is automatically illegal dismissal because their status is regular. Which is sound?
- Regular seasonal status guarantees active work every day of the year
- The genuine temporary seasonal pause does not itself prove dismissal; regular seasonal employment can continue during the interval
- Every pause automatically forfeits all prior service
- Seasonal status removes all security of tenure
- A recall always proves a new and unrelated employment relationship
Legal references
- Rivera, G.R. 272080, February 19, 2026: https://lawphil.net/judjuris/juri2026/feb2026/gr_272080_2026.html
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