femalenetwork.com

From time to time we read in the newspapers or hear from others that someone has complained against another who solicited or demanded a form of sexual favor in exchange for something. The sexual favor may be in the form of a hug, a kiss, a touch of one’s private part or worse, sexual intercourse.

This has become common not only in the place of employment, but also in schools and has become a very serious problem. As consent is given, though grudgingly, the one who solicited and performed the sexual favor could not be prosecuted for acts of lasciviousness or rape.

To address this growing problem, way back in February, 1995, our legislature passed Republic Act No. 7877 that punishes all forms of sexual harassment.

The answer to this question depends on two (2) factors: First, what is the nature of your employment? Second, was the termination justified or unjustified under the law?

Under the law, employment may be regular or casual. It is said 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.

Excluded from this concept are: (a) 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; and (b) where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.

If the employment is not any of the above, then, it is casual.