Ang issue lang po ba sa project employees and regular employees ay security of tenure? Paano nga kung gingagawang lusot ng kumpanya ang pagiging project employees para hindi sila magbigay ng benefits? Katulad nga ng mandatory benefits?
Sa pagbabasa ko ng ilang blogs dito sa internet, may mga na-encounter po ako. Baka naman po pwedo nyo maliwanagan kung applicable ito sa tanong ko.
1. In fine, a employee can be considered a regular employee if he (1) performs activities necessary and desirable in the usual trade or business of the employer or (2) has cumulatively rendered at least 1 year of service with respect to an activity and for so long as this activity exists, even if not necessary or desirable to the usual trade or business of the employer.
2. Thus, under Article 280 of the Labor Code, an employment is deemed regular when the activities performed by the employee are usually necessary or desirable in the usual business or trade of the employer even if the parties enter into an agreement stating otherwise. But considered not regular under said Article are (1) the so-called “project employment” the termination of which is more or less determinable at the time of employment, such as those connected with a particular construction project; and (2) seasonal employment, which by its nature is only for one season of the year and the employment is limited for the duration of that season, such as the Christmas holiday season. Nevertheless, an exception to this exception is made: any employee who has rendered at least one (1) year of service, whether continuous or intermittent, with respect to the activity he performed and while such activity actually exists, must be deemed regular.
Following Article 280, whether one is employed as a project employee or not would depend on whether he was hired to carry out a “specific project or undertaking”, the duration and scope of which were specified at the time his services were engaged for that particular project. Another factor that may be considered is the reasonable connection between the particular activity undertaken by the employee in relation to the usual trade or business of the employer; if without specifying the duration and scope, the work to be undertaken is usually necessary or desirable in the usual business or trade of the employer, then it is regular employment and not just “project” much less “casual” employment.
Thus, the nature of one’s employment does not depend on the will or word of the employer. Nor on the procedure of hiring and the manner of designating the employee, but on the nature of the activities to be performed by the employee, considering the employer’s nature of business and the duration and scope of the work to be done.
Sa pagkakataong ito, hindi po ba applicable din ito sa pinaguusapan natin? Security of tenure lang po ba applicable ito? What about benefits po na mandatory by law?
Hindi po ba ito applicable sa case ni Mr. nietzsche? Naintindihan ko po kasi na parang ang tagal naman ng 3 taon na project employee ka lang na walang benefits.