March 27, 2017

TRAINEE PERIOD HELD AS PROBATIONARY EMPLOYMENT

Oyster Plaza Hotel, et al. Vs. Errol O. Melivo G.R. No. 217455. October 5, 2016 Facts: Melivo (Melivo) filed before the NLRC a Complaint for illegal […]
April 19, 2017

IN THE ABSENCE OF CONTRACT FOR PROJECT EMPLOYMENT EMPLOYEE IS PRESUMED REGULAR

Quebral, et al. vs. Angbus Construction, Inc. G.R. No. 221897, November 7, 2016 Facts: Petitioners Quebral, et al., alleged that Angbus employed them as construction workers […]
April 20, 2017

THE TERMINATION OF RELATIONSHIP “UPON COMPLETION OF THE PHASE OF WORK” OF A PROJECT EMPLOYEE IS DEFINITE AS THERE IS CERTAINTY OF COMPLETION

Ganzon, Inc. (EGI) vs. Fortunato B. Ando, Jr. G.R. No. 214183, February 20, 2017 Facts: Fortunato B. Ando, Jr. (Ando) filed a complaint against petitioner E. […]
May 21, 2017

PERFORMANCE OF USUALLY NECESSARY AND DESIRABLE FUNCTIONS DOES NOT RENDER PROJECT EMPLOYMENT CONTRACT INTO REGULAR

Herma Shipyard, Inc. and Mr. Herminio Esguerra vs. Danilo Oliveros, et al. G.R. No. 208936, April 17, 2017 Facts: Herma Shipyard is a domestic corporation engaged […]
June 2, 2017

PROJECT EMPLOYMENT TERM STATING THAT THE WORK IS “CO-TERMINUS WITH THE PROJECT” SUFFICIENTLY APPRISES EMPLOYEES THAT THEIR SECURITY OF TENURE WOULD ONLY LAST AS LONG AS THE PROJECT WAS SUBSISTING

Project employment requires that the duration and scope of the project must be made known to the employee. The duration need not indicate a specific date […]
February 3, 2018

PROJECT EMPLOYEES ASSIGNED TO DO ANOTHER PROJECT OUTSIDE OF THE ORIGINAL CONTRACT MAY LOSE THE STATUS AS PROJECT EMPLOYEES AND MAY BE CONSIDERED REGULAR

Project employees should be informed of the duration and scope of the employment which should be specified at the time they were engaged and that there […]
January 10, 2020

PROJECT EMPLOYMENT CANNOT BE ESTABLISHED FOR FAILURE OF EMPLOYER TO PROVE THAT THE EMPLOYEE IS ENGAGED ON PROJECT BASIS

Project employment requires that  (a) the employee was assigned to carry out a particular project or undertaking; and, (b) the duration and scope of which was […]
June 30, 2020

EMPLOYEE IS DEEMED REGULAR, AND NOT PROJECT, IF CONTINUOUSLY REHIRED BY FOR THE SAME TASKS, WHICH ARE VITAL, NECESSARY AND INDISPENSABLE TO THE USUAL BUSINESS OR TRADE OF THE EMPLOYER

Employee who has been: (1) continuously, as oppose to intermittently, rehired by the same employer for the same tasks or nature of tasks; and (2) these […]