Project EmployeesSpecific Project or Undertaking

29 October 2016

Project EmployeeArticle 294, Labor Code: “… where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee…”

Citation: Article 294, Labor Code

Limitations to Project EmploymentWhen a project employees may become regularsA project employee or a member of a work pool may acquire the status of a regular employee when the following concur:1) There is a continuous rehiring of project employees even after cessation of a project; and2) The tasks performed by the alleged project employee are vital, necessary and indispensable to the usual business or trade of the employer.

Citation: Maraguinot, Jr. v. Viva Films, G.R. No. 120969, 22 January 1998

Case LawMaraguinot, Jr. v. Viva Films (1998)• After 23 projects, the project employee (electrician) filed a complaint for

illegal dismissal against the company after being dismissed.HELD: The project employee was deemed a regular.• “… the [project employee] was employed for some three (3) years and

worked on at least twenty-three (23) projects. Moreover, [his] tasks involved, among other chores, the loading, unloading and arranging of movie equipment in the shooting area as instructed by the cameramen, returning the equipment to the Viva Films warehouse, and assisting in the fixing of the lighting system, it may not be gainsaid that these tasks were vital, necessary and indispensable to the usual business or trade of the employer. As regards the underscored phrase, it has been held that this is ascertained by considering the nature of the work performed and its relation to the scheme of the particular business or trade in its entirety.”

Citation: Maraguinot, Jr. v. Viva Films, G.R. No. 120969, 22 January 1998

For more information:

Labor Law ComplianceBest Practices for Human Resource

www.laborlaw.ph

We value feedback. For comments or permission to use slides, send us an email: info@jdpconsulting.ph.

Brought to you by:

JDP Consulting Ltd. Co.Empowering leaders with legal compliance

We focus on Small and Medium Enterprises.www.jdpconsulting.ph

Labor & Employment, Negotiations & Contracts, Intellectual Property, Commercial Litigation, and Legal Compliance.

Seminars & Workshops• Join us for learning sessions on

these topics:• HR Legal Compliance• Labor Unions • Company Policies• Labor Complaints• Outsourcing Manpower• Disciplinary Actions

Visit: www.cpdc.phVenue of Seminars & Workshop:BGC Ascott, Taguig City

Training & WorkshopsJoin us for training sessions on these topics:• Outsourcing Manpower• Mandatory Benefits• Company Policies• Just Cause Termination• Downsizing the Workforce• Handling Labor Complaints• Labor Law Compliance System• Labor Unions• and more…

Visit: www.jdpconsulting.ph/trainingOffice: 14F Net Cube, 3rd Avenue corner 30th Street, BGC Taguig City