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Where the employment of project ees is extended long after the supposed project has been
finished, the ees are removed from the scope of project ees and considered regular ees.
When may a project ee become a regular ee
a. There is continuous rehiring of project ees even after the cessation of a project for the same
tasks or nature of tasks (the ee must be continuously rehired without gaps and intervals); and
b. The tasks performed by the alleged project ee are vital, necessary and indispensable to the
usual business or trade of the er.
Note: Project has reference to a particular job or undertaking that may or may not be within the
regular or usual business of er. In either case, the project must be distinct, separate and
identifiable from the main business of the er and its duration must be determined or
determinable.
Members of a work pool from which a construction company draws its project ees, if considered
ees of the construction company while in the work pool, are non-project ee or ees for an
indefinite period. If they are employed in a particular project, the completion of the project or any
phase thereof will not mean severance of er-ee relationship.
Unless the workers in the work pool are free to leave any time and offer their services to other
ers.
Note: Project es are not regular ees, their services being needed only when there are projects to
be undertaken.
Requirements:
1. Specific project phase thereof stated in the employment contract;
2. Estimated date of completion of project or phase thereof likewise stated in the contract;
3. Ee must have been dismissed every after completion of his project of phase (gaps must be
shown in his length of service); and
4. There must be a report to the DOLE of his dismissal on account of completion of contract
Indicators of Project Employment
Either one or more of the ff circumstances, among others, may be considered as indicators that
an ee is a project ee.
1. The duration of the specific/identified undertaking for which the worker is engaged is
reasonably determinable;
2. Such duration, as well as the specific work/service to be performed, is defined in an
employment agreement and is made clear to the ee at the time of hiring;
3. The work/service performed by the ee is in connection with the particular project/undertaking
for which he is engaged;
4. The ee, while not employed and awaiting engagement, is free to offer his services to any other
er;
5. The termination of his employment in the particular project/undertaking is reported to the
DOLE Regional Office having jurisdiction over the workplace within 30 days following the date of
his separation from work, using the prescribed from on ees terminations/dismissals/suspensions;
6. An undertaking in the employment contract by the er to pay completion bonus to the project
ee as practiced by most construction companies. (DO. 19, 1997)
Principal Test to Determine Whether EEs are Project Ees as distinguished from
Regular Ees
WON the project ees are assigned to carry out a specific project or undertaking the duration or
scope of which are specified at the time the ees are engaged for that project.
The predetermination of the duration or period of a project employment is important in resolving
whether one is a project ee or not. On this score, the term period has been defined to be a
length of existence; duration. A point of time marking a termination as of a cause or an activity;
an end, a limit, a bound; conclusion; termination. A series of years, months or days in which
something is completed. A time of definite length or period from one fixed date to another fixed
date. (Violeta v NLRC, 1997)
The ee in Violetais clearly hired for a specified project. But the absence of definite duration
of the project led the court to conclude that the ee was regular. The court noted that
the records are barren of any definite period or duration for the expiration of the assigned items
of work of petitioners at the time of their engagement. Xx the lines for DATE OF COVERAGE in
the appointments are left blank.
Moreover, the court reiterates, security of workers in their job is a fundamental objective of
Philippine labor laws. This is why the law and the court decisions incline toward regular instead of
nonregularee status. In fact Art 280 manifests a bias for regularity status. Any other arrangement
us an unpreferred deviation from that presumption.
To be exempt from the presumption of regularity of employment therefore, the agreement
between a project ee and his er must 1. Strictly conform with the requirements and conditions
provided in Art 280 (now 294).It is not enough that an ee is hired for a specific project or phase
of work. 2. There must also be a determination of or a clear agreement on the completion or
termination of the project at the time the ee is engaged if the object of 280 (now 294) is to
achieved. (2ndreq was absent in Violeta)
Entitlement to Separation Pay
General Rule: Project ees are not entitled to separation pay if they are terminated as a result of
the project or any phase thereof in which they have been employed.
XPN: If the projects they are working on have not yet been completed when their services are
terminated; project ees also enjoy security of tenure during the limited time of their employment.
Note: If the termination is brought about by the completion of the contract or phase
thereof, no prior notice is required; Er is under the law, only obliged to render report to
the DOLE on termination of the employment
Seasonal employment is an employment arrangement where an ee is engaged to work
during a particular season on an activity that is usually necessary or desirable in the usual
business or trade of the er.
During off-season, the relationship of er and ee is not severed; the seasonal ee is merely
considered on leave of absence without pay.
When are Seasonal Ees considered as Regular Ees
1. When there is reasonable connection between the particular activity performed by the ee in
relation to the usual trade or business of the er; and
2. Seasonal workers who are repeatedly engaged to perform the same tasks for more than one
season
Note: 1-yr duration on the job is pertinent in deciding whether a casual ee has
become regular or not, but it is not pertinent to a seasonal or project ee. Passage of
time does not make a seasonal worker regular or permanent.
When the business establishment is sold which effectively terminated the employment of
the seasonal ees, the latter would be entitled to separation pay.
Other forms of employment under Book VI
1. Fixed-Period Employment; and
2. Probationary
6. 3 Exception to Regular Employment
a. Project Employee Employment has been
fixed for a specific project or undertaking, the
completion or termination of which has been
determined at the time of engagement of the
employee. They are NOT entitled to separation pay
if they are terminated as a result of completion of
the project/phase thereof in which they have been
employed, UNLESS when the projects they are
working on have not yet been completed when
their services are terminated. They enjoy security
of tenure during the limited time of their
employment.
TEST to determine WON employees are
Project Employees: WON the project employees
are assigned to carry out a specific project or
undertaking the duration or scope of which are
specified at the time employees are engaged for
that project.
Requisites according to Policy Instruction No.
20 and D.O. No. 19 Series of 1997:
Specific project phase thereof stated in the
employment contract.
Estimated date of completion of project or phase
thereof likewise stated in the contract.
Employee must have been dismissed every after
completion of his project or phase.
There must be a report to the DOLE of his dismissal
on account of completion of contracts.