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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Petitioners hired under temporary contracts claimed entitlement to job security after their contracts were not renewed since PAGCOR stopped its operations in Bacolod. However, the Civil Service Commission, Court of Appeals, and Supreme Court dismissed their complaint on the grounds that petitioners were hired as “job order” workers and did not meet the criteria to be considered as regular government employees. The case showcases the importance of understanding employment contracts and their impact on workers’ rights and benefits.
Petitioners, Mark Abadilla et al., were hired by the Philippine Amusement and Gaming Corporation (PAGCOR) to perform specific jobs like cooks and waiters. They were hired under temporary contracts which were sometimes renewed. The contracts mentioned that the petitioners or employees should follow civil service laws which made them believe that they were regular government employees. Later on, PAGCOR stopped its operations in Bacolod and no longer renewed the contract of the petitioners. Petitioners then filed a complaint claiming that they were entitled to job security on the grounds that their temporary contracts are following civil service rules, under the law, they must be considered as regular government employees.
However, the Civil Service Commission (CSC) dismissed their complaint since it didn’t have authority over the petitioners since they were hired merely as “job order” workers and not as regular government employees. The Court of Appeals (CA) and Supreme Court (SC) both agreed with this decision provided that PAGCOD, a government-owned company that even though allowed to hire workers on a contract basis for specific tasks this contract does not automatically make them government employees. Furthermore, the court emphasized that only the petitioners did not meet a certain criteria covered by the civil service laws to deem them fit as government employees.
The petitioners’ case provided a guide in identifying the difference between employees hired on a contract basis or “job orders” and those that can be considered as regular government employees. Moreso, this case highlights the importance of understanding the terms of employment stated in one’s contract and how it can affect the workers’ rights and benefits.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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