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ABESCO CONSTRUCTION AND DEVELOPMENTCORPORATION and MR.

OSCAR BANZON, General


Manager, petitioners, vs ALBERTO RAMIREZ,BERNARDO DIWA, MANUEL LOYOLA, REYNALDO P.
ACODESIN, ALEXANDER BAUTISTA, EDGARTAJONERA and GARY DISON, respondents

Facts:

Petitioner company was engaged in a construction business where respondents were hired on
different dates from 1976 to 1992 either as laborers, road roller operators, painters or drivers.

In 1997, respondents filed two separate complaints[1] for illegal dismissal against the company and its
General Manager, Oscar Banzon, before the Labor Arbiter (LA). Petitioners allegedly dismissed them
without a valid reason and without due process of law. The complaints also included claims for non-
payment of the 13th month pay, five days service incentive leave pay, premium pay for holidays and
rest days, and moral and exemplary damages. The LA later on ordered the consolidation of the two
complaints

Petitioners denied liability to respondents and countered that respondents were project employees
since their services were necessary only when the company had projects to be completed. Petitioners
argued that, being project employees, respondents employment was coterminous with the project to
which they were assigned. They were not regular employees who enjoyed security of tenure and
entitlement to separation pay upon termination from work.

LA declared respondents as regular employees because they belonged to a work pool from which the
company drew workers for assignment to different projects, at its discretion. He ruled that
respondents were hired and re-hired over a period of 18 years, hence, they were deemed to be
regular employees.

Issue:

Whether respondents were project employees or regular employees

Ruling:

Regular employees.

Employees (like respondents) who work under different project employment contracts for several
years do not automatically become regular employees; they can remain as project employees
regardless of the number of years they work. Length of service is not a controlling factor in
determining the nature of ones employment. Moreover, employees who are members of a work pool
from which a company (like petitioner corporation) draws workers for deployment to its different
projects do not become regular employees by reason of that fact alone. The Court has enunciated in
some cases that members of a work pool can either be project employees or regular employees.
The principal test for determining whether employees are project employees or regular employees is
whether they are assigned to carry out a specific project or undertaking, the duration and scope of
which are specified at the time they are engaged for that project.[10] Such duration, as well as the
particular work/service to be performed, is defined in an employment agreement and is made clear to
the employees at the time of hiring.

In this case, petitioners did not have that kind of agreement with respondents. Neither did they
inform respondents of the nature of the latters work at the time of hiring. Hence, for failure of
petitioners to substantiate their claim that respondents were project employees, we are constrained
to declare them as regular employees.