project employment

Both regular and project employments find basis in Article 295 (previously Article 280) of the Labor Code, which provides: ARTICLE 295. [280] Regular and Casual Employment. -The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee […]

Project employment viz regular employment involves activities which may or may not be usually necessary or desirable in the usual business or trade of the employer, as we have discussed in ALU-TUCP vs. National Labor Relations Commission, [G.R. No. 109902, August 2, 1994, 234 SCRA 678, 684-686] and Leyte Geothermal Power Progressive Employees Union-ALU-TUCP vs. […]

In the case of Carpio vs. Modair Manila Co., Ltd. (G.R. No. 239622, June 21, 2021) the Supreme Court (SC) articulates the following principles for the guidance of workers, employers, labor tribunals, the bench, bar, and public regarding the nature of employment for workers in the construction industry: First, a worker is presumed a regular […]

A project employee is one who is engaged for a particular project or undertaking, the completion of which has been made known to the project employee upon engagement. Project employment is an exception to the rule on regular employment. The Labor Code, under Article 295 states that the provisions of written agreement to the contrary […]