Moises De Leon vs NLRC (1989)
Determined by nature of
Ecal vs NLRC (1991)
Magante vs NLRC (1990)
Baguio Country Club Corp. vs
NLRC (1992)
Beta Electric Corp vs NLRC
(1990)
Sorreda vs Cambridge
Electronics Corporation (2010)
Philippine Geothermal Inc vs
NLRC (1990)
Capule vs NLRC (1990)
Mercado Sr vs NLRC (1991)
Serrano vs Isetann (1/27/2000)
De Ocampo vs NLRC
Asian Alcohol Corp vs NLRC
Wack Wack Golf and Country
Club vs NLRC (2005)
San Miguel EES Union PTGWO
vs Bersamira (1990)
PROJECT EMPLOYMENT
Violeta vs NLRC (1997)
Fernandez vs NLRC (1994)
Raycor Aircontrol Systems Inc vs
NLRC (1996)
Cartaganes vs Romago Electric
Company Inc (1989)
Salazar vs NLRC (1996)
De Ocampo vs NLRC (1990)
De Jesus vs Philippine National
Construction Corp (1991)
QUICK DOCTRINES ON CLASSESS OF EMPLOYEES – CARLOTA NICOLAS VILLAROMAN
Maintenance man of La Tondena, not just painter. RE.
activities
Workers supplied by LOC may be declared RE of of Contractee. Ecal = LOC, mere
supplier of manpower to Hi Line. EER exist between Hi Line and Ecal and the contract
workers.
Contractual Project EE = RE. Making of molds. Regularly assigned to perform carpentry
work, although contrary was made to appear thru the signing of separate EKs.
DAY TO DAY CONTRACTUAL EE = RE. Repeatedly rehired to perform tasks on a day to
day basis in various capacities.
Sales Route Helpers = hired for 5 mos and thereafter on day to day basis = RE. Just
because its post production activities does not mean its not RE.
TEMPORARY EE = RE. At the very least, PE who became RE upon expiration of 6mos.
Typist clerk is far from being specific or seasonal but rather usually necessary or
desirable.
No Legal Room for Perpetual Employment
Contracts were regularly renewed to the extent that they had rendered 3 to 5 years
service. RE = upon completion of 1 year service.
Cutting of cogon – manufacuting of cultured milk. CE with less than 1 year service does
not become regular.
J. PADILLA. 2ND par of 295 relates only to casual EEs. Agricultural workers utilized in all
agricultural phases of work. Being seasonal EEs, termination not illegal dismissal. They
are also free to work for other farm owners = therefore PE.
SC upheld contracting out. Absent proof that management acted in a malicious or
arbitrary manner, Court will not interfere with the exercise of judgment by an ER.
VALID REASONS: efficiency and economical operations + legal bars must not be
transgressed (must not be LOC and not prohibited arrangements under DO17 + not ULP
3 mechanics of transpo company replaced by company. Part of cost saving program
water pump tenders replaced by independent contractors
Contracting out almost all Regular Jobs. Entered into Mngt K with Business Staffing and
Mngt Inc. BSMI is an independent contractor.
Does C.O. require union’s conformity? Contracting out is a proprietary right of ER in the
exercise of an inherent management prerogative.
Is outsourcing of union member’s jobs allowed? Legal in the absence of prohibition in
CBA. Does not violate union security clause. Does not interfere with EEs right to self
organization.
J. REGALADO. In the absence of definite duration = RE. Date of coverage left blank. Not
determined at start of employment.
Intermittently hired for specific projects = Project EEs in Construction Industry =
governed by Policy Instruction No. 20
Work pool as recognized by Policy Instruction No 30. An EE in the work pool is not
necessarily a regular EE; he may also be a project EE
Work depends on availability of such contracts on projects. Service coterminous with
Project. RATIONALE: will lead to coddling of labor at expense of mngt. If project
completed, unjust to maintain them in the payroll.
Not entitled to separation pay. Not required to obtain clearance from SOLE. Report only
for statistical purposes. Lack of notice does not entitle EE to nominal doamages. 2
notice rule does not apply
CARTAGENAS N/A here. Although contracts expired, project still on going and so
continued to require workers’ service for its completion
Carpenter = N/D = RE. More than 10 years. Engagement not predetermined because
duration of work CONTINGENT UPON PROGESS OF ACCOMPLISHMENT + company is
free to determine the personnel and number as the work progresses. CONDITION not
term.
3 TYPES of nonproject EEs. Probationary, Regular, Casual.
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William Uy Construction vs
Trinidad (2010)
DM Consunji Inc vs Jasmin
(2012)
SEASONAL EMPLOYMENT
Industrial-Commercial-
Agricultural Workers Union vs
CIR
Zamudio vs NLRC
Cinderella Marketing Corp vs
NLRC (1998)
FIXED PERIOD EMPLOYMENT
Brent vs Zamora (1990)
Cielo vs NLRC (1991)
***unless OW earlier
terminated at the option of
either party.
Purefoods Corp vs NLRC
Viernes vs NLRC (2003)
Philips Semiconductors Phils vs
Fadriquela (2004)
Millares and Lagda vs NLRC
(2002) citing Coyoca vs NLRC
(1995)
Gu-Miro vs Adorable (2004)
PROBATIONARY EMPLOYMENT
Manila Hotel Corp vs NLRC
(1986)
AM Oreta, Inc vs NRLC (1989)
Canadian Opportunities
Unlimited vs B. Dalangin JR.
(2012)
Abbott Laboratories vs Alcaraz
(2013)
Busier vs Hon Leogardo Jr
(1984)
Octaviano vs NLRC
CALS Poultry vs Roco (2002) and
ALcira vs NLRC (6/9/2004)
Mitsubishi Motors vs Chrysler
Phil. Labor Union (6/29/2004)
Mariwasa Manufacuting Inc vs
Hon Leogardo Jr.
Bongar vs NLRC
Robinsons Galleria/Robinsons
Supermarket vs IR Ranchez
QUICK DOCTRINES ON CLASSESS OF EMPLOYEES – CARLOTA NICOLAS VILLAROMAN
Repeatedly hire in the same company as driver within 16 years with some intervals in
35 projects. J. ABAD. Length of service provides a fair yardstick but not fair to apply in
construction industry – cannot guarantee work and funding for its payrolls beyond life
of each project. Getting projects is not a matter of course.
38 times for 31 years= RE. J. BRION. Although length of time not controlling test, vital in
determining if RE. Where EE was repeatedly hired due to demands of business,
employment ceases to be coterminous with specific projects.
EER exists between milling company and workers even during off season. Cessation of
milling activities not permanent or definitive.
Seasonal workers whose work is not merely for duration of season BUT who are rehired
every working season = RE.
Regular Contractuals who rendered at least 1 year entitled to benefits under CBA
granted to all other REs.
There is nothing essentially contradictory between a definite period of employment
and the nature of the employees duties
Where from the circumstances, it is apparent that periods have been imposed to
preclude acquisitions of tenurial security by EE, they should be struck down or
disregarded as contrary to public policy, morals, etc.
Five Month Contractuals = RE. Same doctrine with Cielo.
Meter readers = RE. Effect of retention beyond the period of employment, without the
benefit of a new contract or without the term being fixed anew. Reinstatement + full
BW + indemnity were granted
Renewals of 3mo FPE, several times, exceeding one year, doing necessary or desirable
job = RE
Overseas Seafarers are Contractuals = not RE = not entitled to separation pay.
Governed by POEA Standard Employment Contract for Filipino Seaman. Domestic
Sefarers not Contractual.
Radio officer on board a vessel = not RE
Leading gardener. Only a day to be eligible – highly suspicious
ER shall make known at the he is hired the standards. Not appraised of probationary
status
Justice Brion – actuations, behavior and deportment = L>A
Non Observanece of Own Termination Procedure – Termination Procedurally Infirm =
30000 nominal damages but dismissal upheld. Dissented by J BRION and another 2
justices.
At least 18 months. Publication of solicited ads is done a year after the sale has been
made.
Fact of rehiring negates management’s claim that she failed to qualify as RE
Same calendar date of 6th month
180 days. Article 13 of the CC
Act of liberaility cannot now be unjustly turned against employee. Agreeing extension,
waiver of benefit attaching to completion if he still failed to make grade during period
of extension
Reversion from Full time to Part time Teacher to avoid Regularization.
Proper to Reinstate a Probationary EE or Separation Pay In Lieu Thereof
2