Notice of Extension of Project Employment – Filipino/Tagalog Soft Copy
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Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose 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. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except 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 or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
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While it is required that the project should have a duration, it is also acceptable in practice that the contract may extend due to circumstances beyond the control of the employer. In this case, the contract may be extended accordingly based on another estimated completion date.
Factors affecting the extension could be delays in the delivery of materials, inclement weather, strike, etc. The sample notice templates are one written in English and another in Filipino / Tagalog.
The reason there is a draft in Filipino / Tagalog is that there are workers who are not conversant in English language, especially in jobs covered by project employment.
A sample notice will help employers to overcome the technicalities of this form of employment. Issuing a notice of extension is a good practice since if the employee is extended beyond the project completion date, he cannot anymore be terminated on the ground of project completion because he may be considered as regular employee.
A regular employee can only be terminated under Art. 297, 298, and 299 of the Labor Code, as amended. The notice serves as evidence of the company of the extension based on justifiable grounds. The notice is evidence of the project arrangement as well and helps eliminate doubts and ambiguities in the project employment contract.
It should always be noted that any doubt or ambiguity in the project employment contract is resolved in favor of labor. As between project employment and regular employment, the latter is the more favorable status for employee. Thus, it is a disaster indeed if the employer intended the employment to be for a project and only for the relationship to be declared for regular employment simply because the project employment contract fails to comply with the elements and requisites for validity.
This template is best used if there is already a Project Employment Contract Template using the LVS forms both in English and Filipino / Tagalog.
This template is easy to edit using the Word application.
This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Name of Employee
- Nature of Project designation
- Indication of project employment
- The fact of duration and original completion date
- The incidents affecting the completion date and reasons for extension
- Citation of specific clause or provisions in the contract where parties stipulate for possible extension
- New completion date
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